Deduct Pay From A Salary Employee

[bocley]

I am in Ohio, and my question is if one of my employees has used his 3 sick days and all vacation days up and has no more left and keeps missing days, what can I do. His attendance problems arise around the holidays and weekends. He calls off around 9am when he does call off. He is on salary. I need to know if I can deduct his pay on future called off days. Will this affect his exempt status and what is that? I do not have to by law offer any sick days nor do I have to offer vacation days so why should I have to pay him for future missed days, just becausde he is on salary. I do not want to make him hourly and have to pay him over time, What should I do? How should I address and what can I do legally? Too many questions, I know. Please help me in any way that you can.

[rickie]

When an employee is receiving a salary, his salary can not be changed when he is absent from work.  There is one exception to that rule and it is if you have a bona-fide sick time policy, you may then deduct pay in full day increments.

You will have to determine if your policy qualifies for the ability to do deductions.

In addition, you can do performance management and write up, discipline and even terminate the employee for his absences.