I was looking at my paystubs, and I'm not sure if anyone knows for sure, maybe this an employee/non-exempt employee thing....

BUT, if you are a salary employee and worked monday, tuesday, wednesday, and thursday, and was out sick or child was sick on a friday, but in your accrual bank you only had 6 hours.....do they HAVE to pay your salary and no matter that everything totals to 40, can they dock you 2 hours for that day?

I may have asked this question before but I'm still confused. Because I read that if you are salary you MUST be paid for any week in which you worked regardless of quality or quantity. (This makes me think that even if you worked 30 hours you must be paid your salary)

It depends on whether you are exempt, or salaried non-exempt. It also depends on whether the illness qualifies under FMLA.

If you are exempt, the ONLY time you can have your salary docked in partial day increments is if the time is attributable to FMLA. So in the circumstances you describe, you would have the six hours applied to Friday, but unless the illness (of either you or the child) qualified under FMLA, they would still have to pay you for the 2 hours. If the time did qualify under FMLA, then it can legally be unpaid.

If you are salaried non-exempt, unless you are being paid on the fluctuating workweek method (Patty can explain that to you) then you do not have to be paid for any time you do not work, period. I completely agree that it does not make sense to make someone salaried and then dock them for missing time but it is legal. (BTW, if this is the case, then salary or no salary you would also have to be paid overtime if you work over 40 hours.)

what if said company was not under FMLA....? I think you have to have a certain number of employees to qualify. They had 10 or less.

Also I thought FMLA only applied if it was an extended leave of absence.

But in essence, if you are non-exempt and still have a total of 40 hours, then that seems like you are due your normal pay anyway. just no overtime.

FMLA is not exclusively for extended leaves. It can be taken intermittantly. However, you are correct; if there are less than 10 employees, FMLA does not apply.

In which case, for the exempt employee, there are no circumstances in which they could be docked for a partial day. The answer for the non-exempt employee does not change.

is that state law or federal law? and does state law supercede federal law?? So in other words if state law is that the law is whatever the company policy is, does federal law not matter?

I saw something on a Connecticut state law, that a salaried exempt employee must be paid regardless of quality or quantity of work completed inlcuding time missed for being sick except: if the company has sick day plan, then those hours must be used and when they run out of sick time then they can be docked.

What you stated is a federal law. So is what cbg explained. States MAY enact additional legislation, but such laws cannot be less advantageous to the employee than federal laws are; only more.