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Salary pay minus sick day Illinois

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  • Salary pay minus sick day Illinois

    Hi,

    I recently started a new job that is paid salary. I was told that it would be a 6 day a week position. I was also recently sick and missed 2 days that week. My normal check says 40 hrs worked even though it it more like 50+. When I received my check it stated I only worked 24 hrs and used 16 hrs of sick time. In reality I worked 32.5 hours that week in the 4 days left. I thought they would have given me only one day of sick time not two. If they consider a 6 day work week normal what happens with my 10 days vacation a year, That isn't 2 weeks!!!!
    2
    Take guarantied up-front money salary
    100.00%
    2
    take a chance with lower base pay and make up in overtime
    0.00%
    0
    other
    0.00%
    0

    The poll is expired.


  • #2
    If by "salary" you mean "exempt", you can be docked for a full day's absence due to sickness or accident IF the employer has a "reasonable" sick pay/paid time off policy AND you have either not yet accrued enough time to cover your absence or you have exhausted the balance in the sick pay bank. The federal DOL has not specifically defined "reasonable", but it is generally considered to be at least 5 days. Since you are a recent hire, it's very possible that you have not yet accrued 2 days worth of sick pay.

    DO you mean exempt? What exactly are your job duties? "Salary" is merely a pay method.

    And as regards your vacation, you will have to ask the employer. The law does not address this situation.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      overtime?

      Hi,

      I'm an "exempt" maintenance supervisor, So you are saying they can say that a Saturday is a normal work day and a vacation or sick day would have to be used to be absent from work. That doesn't sound right but I've always only worked 5 days a week and Saturday or Sunday was overtime. I was under the impression that salaried exempt personal were guaranteed a full week pay irregardless of how much you worked. My offer letter didn't have a minimum hrs per week required to work, but my pay check says 40 hrs. What would happen if I only came in a partial day or had to leave early due to a sickness?
      Last edited by silverblt; 06-26-2006, 02:04 PM.

      Comment


      • #4
        If you are correctly classified as exempt, there are no circumstances whatsoever in which you are entitled to overtime, regardless of whether you work Saturday and/or Sunday or not. Neither Federal nor Illinois law requires that you be paid a premium for working on a weekend, even if you were non-exempt. The law only requires that non-exempt employees be paid overtime if they work over 40 hours in a week. It doesn't make any diffference what days of the week the time was worked. And, as I said, an exempt employee NEVER has to be paid one penny more than their regular salary regardless of how many hours or on what days they work. The ONLY exception would be a bona fide contract that said otherwise.

        Salaried exempt employees are guaranteed their full salary in any week in which they perform any work WITH LIMITED EXCEPTIONS. One of those exceptions is if you miss an entire day due to illness AND your employer offers a reasonable number of paid sick days, which you either have already used or are not yet eligible for.

        If you were out for a partial day you would have to be paid for the full day; however, you could legally have that part of the day deducted from your sick, personal or vacation time. (If the partial day was for a FMLA related reason, the time could legally be unpaid, exempt or non-exempt.)
        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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