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View Full Version : Sick Leave & Vacation Deduction. Leaving Early for a Dr. Appointment.


748s
03-09-2006, 10:48 AM
I'm an exempt employee for my company.

I'm sick, and have had 3 Dr. Appointments in the span of 2 months, all of which I have notified my employers of their day and time a month in advance. I start working at 8:00am and work through lunch until 12:30pm because my appointments require me to be present by 1:30pm. By that time, I've had already worked 4.5 hours of my 8 hour day.

My employer wants to start deducting my vacation or sick leave. A friend had told me that it wasn't legal to do that because I have already worked over half my day and that my vacation or sick leave cannot be deducted if I've worked more than half of my day even if it's just 4 hours and 1 minute. They haven't tagged me on it until now. What really makes me angry is that I put in more than 50 hours a week in the past few months, but they can't seem to cut me any slack to take 3.5 hours off in the afternoon for my well being. In the state of CA Can they legally deduct my vacation or sick time even though I've worked more than half of my day??

mtracy
03-09-2006, 03:02 PM
They can not deduct sick time from your vacation amount. For sick time, they can deduct it for any partial day absense. The issue is that once you run out of sick time, they still must pay you for the full day.

That is, let us say they give you 5 sick days a year, you take 10 partial sick days. They are allowed to deduct 5 days (10 days, 1/2 each). This leaves you with 0 balance. Now, you continue to take 1/2 a day off being sick. They can not deduct from your salary at all -- they still must pay you the full amount. Now, if you have a 0 balance and take a full day off, they do not need to pay you for it.

This assumes that your sick days are not vested days. That is, there is no policy to pay them out upon termination and that they are seperate and distinct from vacation days.

748s
03-10-2006, 07:38 AM
They can not deduct sick time from your vacation amount. For sick time, they can deduct it for any partial day absense. The issue is that once you run out of sick time, they still must pay you for the full day.

That is, let us say they give you 5 sick days a year, you take 10 partial sick days. They are allowed to deduct 5 days (10 days, 1/2 each). This leaves you with 0 balance. Now, you continue to take 1/2 a day off being sick. They can not deduct from your salary at all -- they still must pay you the full amount. Now, if you have a 0 balance and take a full day off, they do not need to pay you for it.

This assumes that your sick days are not vested days. That is, there is no policy to pay them out upon termination and that they are seperate and distinct from vacation days.

Thanks for the response! So you're saying it is legal for them to deduct a half day's sick leave or vacation time if I leave 3 hours early from work? I'm sure about the salary not being deductible. It's my vacation time and sick time I want to preserve. I travel alot and I allot specific number for days for vacation. My white co-workers leave 2-3 hours early to attend their kids softball game or school activity without vacation or sick time deduction more than 12+ times a year. All I wanted to do was to leave 3 hours early to a Doctor appointment maybe 3-4 times a year, and now they want to start taking hours away from my vacation time. My original question was, can my employer legally deduct my vacation or sick time even though I've worked more than half of my day. I put in more than 20+ hours a month as an exempt employee. I just feel that it's a slap in the face that I give them so much time and never complain about it, but they can't cut me any slack regarding my health all while they allow other white co-workers to get away with 2 hours 12+ times a year.

This isn't the first time they've pulled some shady Sh*t like this on me before. They even had the nerve to deduct 4 hours from my vacation time several times for leaving an hour and a half early to my cousin's and grandmothers funeral. WITHOUT MY CONSENT! I got my paycheck and the deduction was already made.

I work hard and I never complain to my boss. I always do what I'm told and I make them alot of money. Yet somehow whenever my employers do stuff like this, they really have a way of making reminding me that I'm a minority and as long as I keep kissing *** and doing what they say, I can keep my job. If the pay wasn't so good I would have bailed long ago. I just don't appreciate the unfair treatment. I have another minority co-worker who gets treated the same way, not a single one of my white co-workers get treated like this.

Any suggestions or comments?

tdpass1
03-10-2006, 11:30 AM
I believe Mr. Tracy was using the half day as an easy example. In your case, yes they would be able to deduct 3 hours of sick time if you had it available in your accrued sick time. If you had zero accrued sick time, then you are correct that they need to pay you for the 3 hours.

The employer can use vacation time to cover partial day personal time off. In the case of your funeral, it is possible that this is an acceptable use of your vacation time. However, it would depend on what policy your company has for bereavement leave.

The potential discrimination issues you refer to are a separate matter. The Department of Fair Employment and Housing might be able to assist you more with that matter.

748s
03-10-2006, 11:43 AM
I believe Mr. Tracy was using the half day as an easy example. In your case, yes they would be able to deduct 3 hours of sick time if you had it available in your accrued sick time. If you had zero accrued sick time, then you are correct that they need to pay you for the 3 hours.

The employer can use vacation time to cover partial day personal time off. In the case of your funeral, it is possible that this is an acceptable use of your vacation time. However, it would depend on what policy your company has for bereavement leave.

The potential discrimination issues you refer to are a separate matter. The Department of Fair Employment and Housing might be able to assist you more with that matter.

Thank you for the advice. I will contact them if things get out of hand. It's just soo stressing to do this at the same time and pay the bills. I never knew who I could contact with this type of matter before, but since I'm not alone in the matter I will speak to my co-worker and see what we can do. Thank you for your help, it is very much appreciated!

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