Can an Employee Be Forced to Use Paid Time Off when He Doesn't Turn in a Timesheet
My question involves employment and labor law for the state of: Texas
We have several employees who are repeat offenders in turning their timesheet in timely. When it comes time to do payroll, their timesheet is incomplete. Can an employer put PTO on the days that they do not have their timesheet complete as long as we state we are going to do so in a Timesheet Policy? It is my understanding that we cannot withhold pay from their paycheck for the days they might have worked but did not turn in a timesheet but if we take PTO from them, it might get their attention.
Thoughts?
Re: Can an Employee Be Forced to Use Paid Time Off when He Doesn't Turn in a Timeshee
I don't see any legal issues with that. Texas is not one of those states that considers PTO to be wages. At worst, you might have to reinstate the time if they get the timesheet in within x amount of time. In fact, you might make that part of the policy. "Effective May 1, 2015, if your timesheet is incomplete or missing the applicable pay will be deducted from your PTO balance. If the corrected timesheet is submitted within 3 work days of the issuance of the applicable paycheck, the PTO time will be restored. If the corrected timesheet is not submitted, or if it is submitted more than three work days after the issuance of the paycheck, the PTO deduction will be permanent". That's just off the top of my head; you'll want to work on the language. But if I am not mistaken, something on that line should past muster everywhere but CA and if you're careful about the wording, in CA too. DAWW should be able to say if I am mistaken or not.
ETA: You'll also want to have a policy in place for what to do if they do not have sufficient PTO to cover the balance.
Re: Can an Employee Be Forced to Use Paid Time Off when He Doesn't Turn in a Timeshee
Agreed with CBG although maybe not with the policy. What happens if there is not PTO? Do you not pay the employee even though you know they worked? (Which is illegal). Also, legally the burden of keeping accurate time records and complying with federal MW/OT rules is on the employer, not the employee. The big problem I have with the policy is that it encourages supervisors to not do THEIR job. I would much rather see normal progressive discipline, warnings, suspensions without pay, and terminations just like any other violations and not have something special effecting pay for this type of violation only. Agreed that jerking the PTO chain in TX is probably not a big deal legally, although if I was writing the policy I would have a more general rule that anyone who formally violates policy does not earn PTO that month. Such a policy is legal in all 50 states, and stays away from the "not paying people for time worked" third rail, and does not encourage supervisors to not do their jobs.
Re: Can an Employee Be Forced to Use Paid Time Off when He Doesn't Turn in a Timeshee
Thank you so much! Our employees PTO is valued so whether I use it to put on their timesheet or don't let them accrue for that cycle, either will be beneficial. We only have a couple of offenders so this should get their attention.
Re: Can an Employee Be Forced to Use Paid Time Off when He Doesn't Turn in a Timeshee
If you only have a couple of offenders, I do NOT recommend creating a whole new policy to deal with it. Make it clear that (1) paychecks are due on x date and (2) failure to comply will result in disciplinary action. Then discipline offenders, right up to termination. I promise you that firing someone who didn't turn in their time sheet, or turned in an incomplete one, will get just as much if not more attention than docking their PTO.
It's legal, but as you have further defined the problem it is a poor way of managing.
Re: Can an Employee Be Forced to Use Paid Time Off when He Doesn't Turn in a Timeshee
I agree with cbg. If you only have a few offenders, implementing such a policy will make the non-offenders think they're being punished for something they didn't do. Not good for morale.
Re: Can an Employee Be Forced to Use Paid Time Off when He Doesn't Turn in a Timeshee
My policy is that timesheets are due by Monday morning for processing in that period's payroll. If your timesheet is not in on time then it will be processed with the following pay period's payroll. That usually handles it.
Re: Can an Employee Be Forced to Use Paid Time Off when He Doesn't Turn in a Timeshee
While I agree that would be effective, in a great many states that would be a violation of state wage and hour laws.
Re: Can an Employee Be Forced to Use Paid Time Off when He Doesn't Turn in a Timeshee
In the 1980s I worked for a manufacturing company with a 1,000+ hourly employees, some of whom would not get their timesheets submitted correct, timely or sometimes at all. Among other things it was messing up billings to customers. I was payroll, and the company president assumed that yelling at me somehow fixed the problem. I got called to the carpet and was able to produce not only my memos to the manufacturing supervisors but some written responses, some with reasons why the problem had no solution but mostly of the "go f*** yourself" variety. The president called in the HR manager, who was aware of the problem but not his problem (yet). HR was told to pick some manufacturing supervisor (at random if necessary) and FIRE THEM for not doing their job. And pass the word that we were going to fire one supervisor a week until the problem was fixed. All of them if necessary. A supervisor was indeed fired, and by next week the problem was indeed fixed.
I am fine with taking actions against employees but until/unless the supervisors do their job, nothing happens.
Re: Can an Employee Be Forced to Use Paid Time Off when He Doesn't Turn in a Timeshee
Florida does not require an employer to pay an employer more often than monthly. My pay periods are bi-weekly. However, I don't think a business has to disrupt its normal payroll business process to accommodate an employee who won't follow the rules. Waiting two more weeks is usually preferable to termination for most employees. Employers in states that require pay checks to be issued within a maximum amount of time after the work is performed would still allow for some delay, even if not for a full pay period. An employee simply can't turn in a time sheet the day before payday and expect special disruptive processing to get their pay check when everyone who complied with the company's rules get their checks.