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POLICY NUMBER:
APM4 -06
ISSUED BY:
Pedro G. Hernandez
Manager
TUBE
CITY OF MIAMI
••
ADMINISTRATIVE POLICY
SALARY BASIS/EXEMPT
EMPLOYEES
DATE:
CREATED/
REVISED DATE(S)
Created 10/19/06
Page 1 of 2
Purpose:.
To establish a clear and concise attendance reporting process for salary basis/exempt
employees by.defining the .criteria for these employees and stating how the hours/pay of
such employees are to be recorded. This policy supersedes all previous policies in relation
to salary basis/exempt employees.
The Policy will be as Follows:.
T. Definition of a Salary Basis/Exempt Employee .
An employee shall be considered salary basis/exempt if the employee:
A. Regularly receives a pre -determined amount of compensation each pay period
.on a weekly, or less frequent, basis;
$. Predetermined amount is riot reduced because of variations in the quality or
quantity of the employee's work;
C. Mustreceive the full salary for any .week in which the employee performs any
work, regardless of the number of days and hours worked, except as. provided
herein under Exceptions:
II. Exceptions
Pay exceptions are permissible if employees fall within one or more of the
following situations:
A. Absences of one or more full days occasioned by vacation, sickness or
disability, including work -related accidents. (If more than three consecutive
full days, please refer to APM-3-91 — Sick Leave);
B. An .employee is absent from work for a partial day due to illness and has
sufficient sick time accrued to be compensated for the partial day.
S.UBMITTED INTO THE
PUBLIC RECORD FOR
ITEM 4/.6_3 ON -9-c,9
09 o0g0i1- Sibley/ ttoJ-earn rniSS10rie r SarnOff
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
FROM :
Department Directors
Rosalie Mark, Directo
Department of Empldyee Relations
DATE:
SUBJECT :
REFERENCES:
ENCLOSURES:
August 20, 2007
APM 1-06 Salary
Basis/Exempt
Employees
FILE :
Attached please find APM 1-06 which amends APM 5-78(II)(E) regarding
attendance reporting for salary basislexempt ezployees. The provisions of
APM 1-06 are pursuant the Fair Labor Standards Act's (FLSA) principles of
public accountability.
As you may know, APM 1-06 was previously distributed to payroll liaisons at
a training session but was on hold for various reasons. APM 1-06 is the
existing policy to follow regarding job basis/exempt employees.
We have also included a question/answer document. Please be certain to
share this information with management personnel. In addition, the Payroll
and Labor Relations Divisions will be conducting additional training on this
policy.
Submitted Into the public
recordin connection ith
item I 1(1. on -0 -0'
Priscilla A. Thompson
City Clerk
POLICY NUMBER:
APM-1-06
ISSUED BY:
Pedro G. Hernandez
Manager
TUBE
CITY OF MIAM
ADMINISTRATIVE POLICY
SALARY BASIS/EXEMPT'
EMPLOYEES
DATE:
CREATED/
REVISED
Created
PATE(S)
10/19/06
Page 1 of 2
Purpose:.
To establish a clear and concise attendance reporting process for salary basis/exeMpt
employees by.defining the criteria for- these employees and stating how the hours/pay of
such employees are to be recorded.' This policy supersedes all previous policies in relation
to salary basis/exempt employees.
The Policy will be as Follows:.
I. Definition of a Salary Basis/Exempt Employee
An employee shall be considered salary basis/exempt if the employee:
A. Regularly receives a pre -determined amount of compensation each pay period
.on a weekly, or less frequent, basis;
Predetermined amount is not reduced because of variations in the quality or
quantity of the employee's work;
Mustreceive the full salary for any week in which the employee performs any
work, regardless of the number of days and hours worked, except as, provided
herein under Exceptions.
II. Exceptions
Pay exceptions are permissible if employees fall within one or more of the
following situations:
A. Absences of one or more full days occasioned by vacation, sickness or
disability, including work -related accidents. (If more than three consecutive
full days, please refer to APM-3-91 — Sick Leave);
B An .employee is absent from work for a partial day due to illness and has
sufficient sick time accrued to be compensated for the partial day.
•
Submitted Into the public
record in connection with
item fI •'� on I - 09- 09
Priscilla A. Thompson
City Clerk
APM-1-O6. 2of21.
C. An employee requests and receives approval to use a partial .day of accrued
vacation.
D. An employee's salary may be reduced if he/she is. absent from work for less
than.a day because; •
1. permission for the absence. has not been sought or has been soug1 t,.and
denied;
2. accrued leave has been exhausted; or.
3. the employee chooses to use leave without pay.
E. Infractions of workplace conduct rules, or disciplinary action ',that includes
timeoffwithout pay;
F. Initial or terminal week of employment (pro -rated); or
G. Unpaid leave under the Famil and Medical. Leave Act.
III. Personal Time Off
At the department director's discretion, personal time off may be granted to salary
basis/exempt employees. However, when time is used under this provision, it is
necessary to record such time as "personal time off' (PTO),. formerly job basis.
leave. PTO shall not be granted in units of more, than five (5) consecutive .work
days without. the City Manager's approval.
IV. Employee Responsibility
Should employee have questions or concerns regarding policy he/she is to seek
guidance from their supervisor/manager.
V. Management's Role
The term Management includes supervisory level employees and above.
Management's role is to effectively communicate and uphold policy within their
department. Should Management have questions or concerns regarding said
policy they are to contact the Department of Employee Relations, Labor Relations
Division at 305-416-2060.
Submitted Into the public.
recor in connection with
item fLS____on 7-
Priscilla A. Thompson
City Clerk