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  • Sick days pay docked for salary employee Pennsylvania

    So my employer is trying to doc pay for three sick days taken in one week. I belive I am an exempt salary employee and am under the impression that if i work any part of the week no deduction is allowed. The employer has no 'paid sick time' and has stated that it is part of the vacation time. I was told I had 2 weeks vacation and then later in the year after taking 10 days that I had 5 more after my start date anniversary. Which would lead me to believe that i can take those vacation days and then if i get sick after they are used no deductions are allowed.

    Any help with this would be greatly appreciated.

    Thanks

  • #2
    A combined "sick and vacation" plan is normally referred to as PTO (Paid Time Off) and is intended to be used for sick and vacation time. If the plan provides for a minimum of 10 days, and you've already used all 10 of those days for vacation, your salary CAN be docked for full days' absences due to illness or injury.
    http://www.dol.gov/dol/allcfr/ESA/Ti.../Subpart_G.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      There are a few (a very few) situations under which an exempt employee can have their pay docked. However, since your employer does not offer a reasonable number of paid sick days, absences due to illness is not one of them. (NOTE: IF he offered paid sick time, he could LEGALLY dock you for absences due to illness if you had used all the time available to you, or if you were not yet eligible for any. It is only because he does not offer any that this is an illegal docking.)
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Oops, what about the
        The employer has no 'paid sick time' and has stated that it is part of the vacation time.
        ?

        Sounds like a PTO plan to me.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          IF it's legitimately a PTO plan, I agree. But most employers who are offering a real PTO plan and not just forcing employees to use vacation time to cover illness, offer more than two weeks.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            in the employee handbook the is an absenteeism section but says nothing about 'sick days' or vacation day deductions

            should it have to be a "bona fied sick pay time" and or atleast spelled out that sick days missed will be deducted from vacation time

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            • #7
              also nowhere in the handbook did i notice the words PTO

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              • #8
                Originally posted by MEF394187 View Post
                in the employee handbook the is an absenteeism section but says nothing about 'sick days' or vacation day deductions

                should it have to be a "bona fied sick pay time" and or atleast spelled out that sick days missed will be deducted from vacation time
                I would think so. But this is a situation where I think your best bet is to get a determination from the PA DLI.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Agreed on talking to PA DLI.

                  Past that, I have a federal DOL opinion letter on this subject that does not actually use the terms "PTO" or "paid time off".

                  http://www.dol.gov/whd/opinion/FLSA/...14_32_FLSA.htm
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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