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Out of PTO days/deductions from check Oklahoma

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  • Out of PTO days/deductions from check Oklahoma

    I have been w/a medical staffing company for 2 years now. The office personnel is considered "Salaried Paid" employees. We do not accure sick days, but was told that if we are sick then we still get paid for not being at work because we are salary paid.
    This past June 2007 our owner shared w/us that they are changing this and giving us a set amount of PTO days. 15 per year and that they were going to BACK date it to January 2007. So if we had already used up our days then we were out of luck.
    Well after using up my PTO days as of Sept. 14th, I had a family member very ill and needed to be at the hospital with them. So I took off. I am not being told that I will be deducted a days pay for being out.
    I always work at least 50+ hours a week. I always volunteer to help with weekend on-call and go above and beyond the call of duty.
    They are telling me that they can do this because we are considered "Daily Salary"--is there such a thing and is this legal?

  • #2
    Yes it is legal. Few employers are going to allow you to take off more than 15 days in 8 months absent some catastrophic event that requires extended leave. If you are granted sick leave days/PTO and have exhausted your allotment for the year, then your employer can dock your pay for full days that you miss.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      I agree with the other answer.

      "Salaried Paid" and "Daily Salary" are made up phrases that do not mean anything legally. "Salaried" is just a payment method. Employees are either legally Exempt (no legal right to paid overtime) or Non-Exempt (must be paid overtime). The Exempt Salaried regulation is 29 CFR 541.602. The most common Non-Exempt Salaried regulation is 29 CFR 778.113, and nothing that you said indicates that one of the uncommon Non-Exempt Salaried methods (Fluctuating Workweek or Belo Plan) would in play.

      http://www.dol.gov/dol/allcfr/ESA/Ti.../Chapter_V.htm

      In any event, given the facts you stated, your employer's action are legal under any of the methods I just mentioned. (What ElleMD said).
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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