I researched most of the "Exempt" posts, and some seem to have conflicting information.

So, here is my question/situation:

I am salaried/exempt. I am on call every 3rd weekend. I am paid bi-weekly. I also understand that I am not eligible for overtime pay. I am also required to maintain a weekly time card.

Hence, in week one, I had to have surgery on 1 day of the week, thus only working 32 hours that week, which I reflected on my time card. In week two, I was on-call, and ended up working a total of 48 hours, which I indicated on my time card. (The office manager stated this was incorrect; I could not put down more than 40 hours on the time card.) As I stated earlier, I understand that I would not get overtime in the second week, but doesn't this equate to working 80 hours during the pay period?

My employer is going to dock me 8 hours of pay; only paying me for 72 hours worked over the two weeks. And the kicker...I have accrued over 40 hours of PTO time, but company policy dictates that I cannot utilize this time until after I have been with the company for 6 months. (Obviously irrelevant, but I could not postpone the surgery.)

So, right, wrong, or indifferent, what clearly is the rule for this? I've read on this forum that you must work at least 4 hours in a day to get paid for the whole day when exempt. (although some posts go on to say that your employer can tap your PTO to make up the difference.) I've also read that you cannot be docked for "sick" time, ie doctors appoinments and such, but that PTO is to be used for Personnel Time Off.

In 2 months, I'll hit 6 months and won't have to worry about it because I guess I can then use my PTO-but I have one more surgery next month and will be facing the same dilemma!

Thanks in advance!

Your salary MAY be docked for a full day's absence due to illness or injury if you are not yet eligible for paid time off or the "bank" has been depleted.
See paragraph (b)(2) here:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

And no, legally, if you work one minute as an exempt employee, you must be paid for the entire day, unless the absence is due to use of intermittent FMLA leave.

Agreed. Also the employer requiring Exempt Salaried employees to maintain timesheets is legally allowed.

Thanks for the replies.

I'm not worried about filling out a time card; I also get re-imbursed for mileage, and it is on the time card that the miles are tracked.

I just thought it brutal that if I work less than 40 hours one week, I get penalized, but if I work more than 40 the following week, there is no offset for the week prior.

However, in understanding the "if you work one minute as an exempt employee, you must be paid for the entire day, unless the absence is due to use of intermittent FMLA leave," I am taking this to mean that if I log in to the computer, check my email, or even manage to call one of my clients, then this would classify me as working for that day? This is good advice for when I have the second surgery! (of which, I am on call the second week, so an excess of 40 hours will be worked.)

Again, thanks for the response(s). I'm not trying to get over on my employer (I really enjoy working there!) I'm just looking for the "honest days wage for an honest days work!"

Cheers!

Theoretically yes, that is correct. Having said that, though, it is becoming more and more common for companies to expect their exempt employees, even when on vacation, to check email or voice mail messages, for example, and still require use of paid time off. Not sure I'm altogether comfortable with that, personally, because, IMHO, a "vacation" day should really be one. But, my opinion and $2 won't even get you a cup of coffee at Starbucks. :rolleyes:

Also, the federal law (FLSA) on Exempt employees generally does not care about vacation/PTO balances at all. That is legally a function of state law and company policy, and most states do not really care either. As long as you are paid your salary, under federal law the company can do whatever they want to your vacation balance. Now, if you do not have a vacation balance, then things can get legally interesting. The company can argue that the employee is voluntarily absent, which is a valid reason under 29 CFR 541.602 (the federal regulation) to dock a days pay. The employee can counter argue that they spent 1 minute calling in so that does not apply. I am not sure that federal DOL has ever specifically addressed that point, and even if they did, it would probably end up being a state DOL decision (50 states with a least as many "opinions' on the rule).

To my knowledge, in all 50 states, if you take a voluntary vacation day, spend 1 minute calling in and the rest of the time on vacation, all 50 states (and the federal government) are fine with your vacation/PTO being docked 8 hours.