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Attendence of salaried employee
We hired a salaried full-time Physician Assistant for a doctor's office. She frequently takes off half a day or blocks her schedule for several hours either for her own appointment of mother's doctor's appointments. She told us the time she took off can NOT be subtracted from her sickleave or Personal time off. For a small private doctor's office, what is the Californian policy in this regards ?
Thank you in advance for advice.
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3 Answers
Hi Chris,
Thank you for your advice. Her contract only states that her status is “40 hours/wk, with xxx days for vacation, sick leave, and CME’.
My understanding is that CA state employees are "exempt" if they are salaried. They won't get paid for over time and their attendance will be counted as a FULL DAY even if they only work a couple of hours a day. However, I was wondering if this applies to small business.
Check her contract. I am not totally familiar with California law on this, but my understanding is that salaried employees are expected to work X amount of hours per week or pay period (typically 40 per week), unless otherwise stated or agreed to. I do know that California is an "at-will" employment state; "any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work."
You should re-define your company expectations with your employee as it relates to hours worked per week or pay period. If the employee fails to comply with your guidelines, exercise your "at will" employment options.
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Quian, size of a company has nothing to do with salaried or hourly employees. The law states that if they work less then a day they must be paid for the entire day. You can deduct from PTO or vacation, but after it is used up, they still can take 1/2 days.
What kind of contract did you have her sign? Do you mean an offer letter?
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