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Exempt Salaried employee - no pto left - can they stop paying me? New York

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  • Exempt Salaried employee - no pto left - can they stop paying me? New York

    I am an exempt salaried employee. I ran out of my PTO days this year. Last week I had an emergency and needed to take Friday off. I worked Mon-Thurs. I was given an unpaid day off for Friday. This is in accordance with our company handbook and policy on PTO/Unpaid days off.

    Is the company allowed to do this, or should I have been paid through the week?

    I'm in NY.

  • #2
    An employer may not dock an exempt employee's pay for absences of less than a full week unless the employee takes at least a full day off for specific reasons - one being: to handle personal affairs.

    It seems your employer did nothing illegal.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      Agree with Betty. There are a few limited circumstances where it is legal to dock an exempt employee for time not worked and what you describe IS one of them.
      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
        Agreed. The following is the regulation controlling docking for Exempt Salaried employees.
        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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