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

  1. #1

    Default 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. #2
    Super Moderator
    Join Date
    Apr 2007
    Il.(near STL,Mo.)


    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. #3
    Super Moderator
    Join Date
    May 2005


    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.

  4. #4
    Super Moderator
    Join Date
    Jun 2006


    Agreed. The following is the regulation controlling docking for Exempt Salaried employees.
    "Reality is that which, when you stop believing in it, doesn't go away".
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