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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
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    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.
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  3. #3
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    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
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    Agreed. The following is the regulation controlling docking for Exempt Salaried employees.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
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