Sick Time Nevada

[jeannineraspitha]

I am an exempt salaried employee. I do not get paid for overtime. If I call in sick, am I supossed to be paid for the day?

[ScottB]

Yes, unless your employer has a bona fide plan and either you have not met the requirements to be covered or you have used all available sick time.

[jeannineraspitha]

The company does not have "sick time" and I am not eligible for vacation time. You have to be with the company for 1 year before you can take any paid vacation time. I have been with the company for 10 months

[ScottB]

Then, legally, they are supposed to pay you if you call in sick.

See the Code of Federal Regulations -- http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

(1) Deductions from pay may be made when an exempt employee is absent from work for one or more full days for personal reasons, other than sickness or disability. Thus, if an employee is absent for two full days to handle personal affairs, the employee's salaried status will not be affected if deductions are made from the salary for two full-day absences. However, if an exempt employee is absent for one and a half days for personal reasons, the employer can deduct only for the one full-day absence.

(2) Deductions from pay may be made for absences of one or more full days occasioned by sickness or disability (including work-related
accidents) if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability.

So, the first paragraph makes it clear that pay can be docked for full day absences for personal reasons, but not for sickness.

The second allows deductions for sickness if the company has a sick leave plan (and the employee has used up the leave provided under the plan).

[jeannineraspitha]

When I am eligible for Vacation time, if I call in then, will it be deducted from my vac?

[ScottB]

Originally Posted by jeannineraspitha

When I am eligible for Vacation time, if I call in then, will it be deducted from my vac?

Possibly. Pretty much up to your company. Laws do not require companies to provide vacation pay nor regulate how it is used, except some states any earned, unused time to be paid out upon termination.

[cbg]

The law requires that you be paid when you miss a day due to illness, in the circumstances you describe.

However, all the law requires is that you receive the pay. The law does not care what "bucket" the pay comes out of. If the employer chooses to take the pay from your vacation allotment, that satisfies the law that you be paid and does not violate any other laws. So yes, your employer could handle it that way if they chose to.