PERMITTED SALARY DEDUCTIONS FOR ABSENCES AND DISCIPLINE OF EXEMPT EMPLOYEES Policy Code: 7560
The board will comply with the salary basis requirements of the Fair Labor Standards Act (FLSA) and applicable state laws and State Board of Education policies. Employees who are classified as exempt under the FLSA must be paid on a salary basis. This means that the employee regularly receives a predetermined amount of compensation each pay period. This predetermined amount cannot be reduced because of variations in the quality or quantity of the employee’s work.
Subject to the exemptions listed below, an exempt employee must receive the full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees need not be paid for any workweek in which they perform no work.
The board prohibits making improper deductions from the salaries of exempt employees. The provisions provided in this policy do not require a deduction if an employee has applicable leave available under the school district’s leave policies.
A. DEDUCTIONS FROM PAY
Deductions from the pay of an exempt employee are permissible in the following circumstances:
- for absences of one or more full days for personal reasons other than sickness or disability;
- for absences of one or more full days due to sickness or disability if the deduction is made in accordance with the school district’s leave policies;
- to offset amounts employees receive as jury or witness fees or for military pay; or
- for unpaid disciplinary suspension of one or more full days imposed in good faith for workplace conduct rule infractions.
In addition, the board may make partial day or full day deductions from salary in the following circumstances:
- during the initial or final week of employment;
- for penalties imposed in good faith for infractions of safety rules of major significance; or
- for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act.
B. REPORTING IMPROPER DEDUCTIONS
If an employee believes that an improper deduction has been made to his/her salary, the employee should report this information to his/her direct supervisor as soon as possible. Any supervisor who receives a report of an alleged improper deduction must notify the payroll department immediately.
Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, the employee will be promptly reimbursed for the improper deduction.
If the complaining employee is not satisfied with the investigation concerning improper deductions, he/she may file a grievance pursuant to policy 1750-7220, Grievance Procedure for Employees.
Legal References: The Fair Labor Standards Act of 1938, as amended, 20 U.S.C. 201, et seq.;
Cross References: Grievance Procedure for Employees (policy 1750-7220); Leave of Absence (policy 7510); Family and Medical Leave (policy 7520); Military Leave (policy 7530); Voluntary Shared Leave (policy 7540)
Adopted: July 9, 2007