jdiprete
03-07-2006, 09:17 AM
I threw my back out on a Friday morning went to my doctor, he kept me out of work until I had an MRI on the following Monday when that came back he kept me out until Wedensday and I asked him if after my appt on Wed. if I could go back to work, which I did. I worked the rest of the Week and went back to work on Monday and the human resource woman told me the owner told her only to pay me for the hours I worked??
Can this be done?? I didn't take a medical leave, I was only out for 3 1/2 days....I don't understand, I am salaried?? Please advise.
Salaried is only a pay method. Are you exempt or non-exempt?
Does your employer offer paid sick days? If so, how many? It matters to the answer.
jdiprete
03-07-2006, 11:52 AM
I am an exempt employee and NO my company does not offer sick days.
In that case, yes, your employer has to pay you for the entire week.
There ARE circumstances in which an employer can legally dock your salary. But illness is not one of them, UNLESS they offer a reasonable number of paid sick days AND you have either already used them up or are not yet eligible for them. The only exception would be if this were an FMLA qualifying condition - btw, FMLA is the ONLY circumstance WHATSOEVER in which an exempt employee can have their salary docked in partial day increments.
They can, however, require that you apply vacation or other paid leave to the absence.
jdiprete
03-08-2006, 05:19 AM
What is a btw,FMLA?? What happens if I go to my employer and ask him to pay me and he does not?? What do I do from there??
Pattymd
03-08-2006, 05:49 AM
FMLA is the federal Family and Medical Leave Act, which protects your job if you need to take medical leave due to a serious medical condition of yours or to care for an ill family member.
If the employee refuses to pay, you should file a claim for unpaid wages with the state Dept. of Labor.
jdiprete
03-08-2006, 07:55 AM
Thanks so much to all, you have been a tremendous help for all the information you've supplied me! I really do appreciate it! It's nice to know that decent hard working people have a place like this to go!
Thanks again,
Jeanne DiPrete
jdiprete
03-08-2006, 04:26 PM
It's me again, one more quick question. If I go to my boss and ask him why he didn't pay me and he says whatever and still does not pay me can I quit my job and be able to collect?? Or because I quit and wasn't fired I won't be able to collect at all??
All help appreciated.
Thanks,
Jeanne
Pattymd
03-09-2006, 05:40 AM
It's unlikely you would be able to collect UI if you quit because of this reason. UI benefits are meant for workers who lose their job through no fault of their own. And you have a means for recourse.