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PA Exempt or Non exempt question- Pennsylvania

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  • PA Exempt or Non exempt question- Pennsylvania

    I work in a Medical office where I am an assistant (degree). Our employer has put a new office policy on saying we dont pay any OT and that we have to work 40 hours a week. I am salaried employee making over the min (which I have found on the web

    My questions is: For the last month or so I have worked 42 hours a week (over 4 hours over the 40). I had a sick child, last week, which I took off time (no sick or vacation because I dont have any) to take to doctor and missed a total of 3 hours. Now they are "docking" my time by 3 hours. If I am a excempt employee (professional) then that should not matter correct? I get nothing for working more but if I work less I lose money? Is this legit?

    They also informed us that if you leave the company and have vacation time left they will NOT pay you for that?

    Thanks for any help in this matter- I dont want to speak up if there is nothing I can do.

  • #2
    Assuming you are properly classified as an exempt employee, paid on a salaried basis (which we don't have enough information to say), your pay cannot be docked for partial day absences unless such absences are related to intermittent FMLA leave.

    541.602
    http://ecfr.gpoaccess.gov/cgi/t/text....1.1.22.7.85.3

    PA law does not require payout of accrued vacation at termination; the law requires only that the company follow its own policy. Therefore, a policy that states that employees who resign will not be paid accrued vacation would be legal.
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