Diamond Eyezz
08-09-2008, 05:09 PM
I know that I do not get overtime paid with me being salary, but is it right for them not to pay me for 40hrs when I have been put on medical leave for a few weeks. I am really needing help and answers. They are harassing me to come back to work even though the doc wants me off my foot. I do have a sit down job,but doc says no driving no walking on it at all. Now they are ignoring me and pressuring me to come back to work anyway. Please I need HELP!
Diamond
Being exempt from overtime does not mean you are guaranteed paid medical leave. Under some circumstances, depending on your employer's sick leave policy, you might be entitled to a few days of paid time but the law does not require that all the medical leave you take be paid leave. In fact, FMLA (if FMLA applies) is specifically and by statute unpaid leave.
"Salary" is just a payment method that does not mean much by itself. If you are legally Exempt from overtime, then Exempt Salaried employees are covered by the 29 CFR 541.602 regulation. (http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm) There are certain docking restrictions associated that regulations but they certainly do not cover employees not working for weeks at a time. I am going to suggest that you read the regulation.
- If you are under FMLA, then your employer only needs to pay you for actual hours worked. This is very specifically allowed under the regulation I cited and does not risk the Exemption.
- If you are not covered under FMLA then the employer can probably not pay you for full day not worked worked while you are sick. The complications is whether or not the employer has a "bona fide" sick plain (generally taken to mean 5 or more days offered annually).
- The employer can certainly not pay for full workweeks not worked.
Diamond Eyezz
08-13-2008, 07:43 AM
Well thanks for the info. I went back to work anyway after the
owner told me if I was going to be gone for so long they would have to fill my position as manager. So I had no choice I felt. I will get paid for the week I did take i.e. vacation.
Thanks Again
Diamond
