CA Exempt-req'd to use sick/vacation time for appointments

[maiasmessage@sbcglobal.ne]

I've been employed by a homebuilder, accounting department, for 5 years. During that time I've had Legal Guardianship of three of my grandchildren all under the age of two. My employer requires that I use sick time or vacation time in 15 minute increments if I need to take the children to the doctor.

My understanding of the "Exempt" status is that if I work anytime during my regular shift, then I am paid as if I worked a full day. No need to use either sick or vacation time for these situations.

Is there a website where I can learn more about "Exempt" status and learn my rights and responsibilities in this situation.

Thank you,

Maia

PS - They also require that I record my time in/time out and use vacation time in 1 hour increments if I am late to work. Is this legal?

[LConnell]

It is illegal to deduct from a vacation bank if most circumstances in the state of California. You can look at page 236 of the following link: http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf (section 51.6.15.4).

[maiasmessage@sbcglobal.ne]

I am required to record and submit an electronic timecard to account for my time. As I said before, if I am late and do not "make up" the time, I must submit request for reduction of my sick time or my vacation time.

Is it legal to require a time card? Is it legal to take this time off my sick time or vacation time if I've essentially completed a "days work"?

[LConnell]

You can be required to use a time card. However, it is not legal to deduct time from your vacation bank for missed time without your approval. The following link will take you to an article that explains California's position on partial day deductions: http://www.littler.com/nwsltr/asap_s...quirement.html

[maiasmessage@sbcglobal.ne]

I've read the info referred to in both previous responses but cannot find an answer to this. I am the only Exempt Employee that is required to submit a timecard. And it is implied that if I do not submit a request for sick time or vacation that my paycheck will be reduced.

Is this legal? Or is it discriminating?

Thank you,

Maia

[LConnell]

It is not considered as discrimination, from the legal perspective.

As an exempt employee, your employer cannot dock you for partial day absences, not can they reduce your vacation pay to cover the missed time. They can dock the time from your accrued sick benefit.

[mysticbluex3]

I have a similiar situation. My company is shutting down the week between Christmas and New Years. They are calling it a forced vacation. Since Christmas is on Sunday the forced vacation will be on Tuesday to Friday. They said we will either have to use our vacation days or we won't be paid on those four days. I am an exempt employee. From what I understand they are not allowed to deduct pay from me if they shut down for less then a full week. Am I correct? If so, where can I find the actual law that states this so I can bring this to the attention of my employer?

Thanks.

[Pattymd]

Mystic, generally speaking, you are correct. See here:
http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.118.htm

Generally speaking, it is not prohibited for the employer to require you to use your vacation or PTO in order to keep your salary whole. I have heard that California, however, requires the employee "approve" such a substitution; that the employer cannot force this on their own. However, I have also heard that this only applies to partial-day absences. I cannot find any law that states this, though.

It would behoove you to call the Employment Development Dept., Division of Labor Standards Enforcement, and inquire about this particular situation. Of course, if you don't have enough PTO/Vacation to cover the 4 days, they may still have to pay you regardless. After you talk with them, will you post back the answer?

[cbg]

BTW, CA law no longer prohibits an employer from applying vacation time to partial day absences.

[Pattymd]

Yep, the saw the post on the other board. I asked him for the link. No wonder I couldn't find it.

[Weeziecat]

I will be going out on sick time for surgery next week. I am an exempt employee, according to my employer. I am given 15 days of PTO each year, accrued at 1.25 days per month. Here are my questions:

I want to use only 5 days of my PTO and use CA State disability for the rest of the time off (about $200/week), is this legal? I don't want to end up with no vacation/PTO time for the rest of the year.

If I don't use my PTO, must my pay be reduced to $0 for the weeks I do not work?

If I leave my job prior to "paying back" the PTO I've used, can my last paycheck be reduced? There is no talley of PTO and used PTO on my pay stub.

Thanks,

[Marketeer]

Weeziecat, it's a good to start your own thread instead of adding on to an old one.

Is your surgery covered under FMLA? If so, your employer can require you to use any paid leave that you have available as part of it.

[bar 20]

In California PTO is considered as vactation time and if you leave the company they have to pay you for your unused time.

Steve

[mochafondue]

My supervisor is cutting salaries 20% across the board and is reducing all hourly employers by 8 hours per week.
As a supervisor, he is requiring all exempt staff (me) to take the 20% pay cut as well as take on the hours and duties of those we supervise. Is this legal?

[cbg]

Yes, it is. Nothing in the law says that an exempt employee can never have their salary cut.

IF the cut takes you below exempt level status, (which I believe in CA is $540 per week) then they could no longer classify you as exempt, but there is nothing inherently illegal about a pay cut.

[insuranceguy]

I've recently been told that I've taken more vacation days that permitted in the employee policy. I am a regular, full-time employee. I believe I am also an exempt employee as I get paid commission only, no hourly wages, salary, or draw. I do get a W-2, not 1099. The employee handbook mentions the rate at which paid vacation is accrued, but I am not paid when I take vacation. Can my employer restrict the amount of time I am not in the office? This seems contradictory to me. Whether I'm out sick or on vacation or they are closed for a holiday, there is no compensation for me. Thanks for your help.

[DAW]

"Exempt" is a function of federal FLSA related rules. It sound like the employer (correctly or not) considers you to be under the Outside Sales exemption. You might want to take a look at the following rules and see if you are correctly classified.
http://www.dol.gov/esa/regs/complian...irpay/main.htm

Vacation/PTO is unrelated to federal rules or Exempt status. Your question has something of an "apples and oranges" flavor to it, trying to tie together two unrelated issues. I am going to include a pointer to the CA rules on vacation. May I suggest you read the rules and maybe repost your question?
http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

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Also, you added your question to the back of an old unrelated thread. These is called "jumping the thread", which can get very confusing to us poor saps who are trying to answer the question, particularly since this thread was already "jumped" once already. There are now three different completely unrelated original questions posted in the same thread.

Could you please put new questions in new topics? Thank you.

[BSPCPA]

cbg: Nothing in the law says that an exempt employee can never have their salary cut. IF the cut takes you below exempt level status, (which I believe in CA is $540 per week) then they could no longer classify you as exempt.

Just a point of clarrification... CA's minimum wage rate was increased from $6.75 to $7.50, effective January 1, 2007. Therefore, exempt threshold has increased to $600/week ($7.50 x 2 x 40 hours)

[BSPCPA]

I just noticed that this thread goes back a few years, so at the time cbg responded, the exempt amount was $540/week.

[cyjeff]

Originally Posted by BSPCPA

cbg: Nothing in the law says that an exempt employee can never have their salary cut. IF the cut takes you below exempt level status, (which I believe in CA is $540 per week) then they could no longer classify you as exempt.

Just a point of clarrification... CA's minimum wage rate was increased from $6.75 to $7.50, effective January 1, 2007. Therefore, exempt threshold has increased to $600/week ($7.50 x 2 x 40 hours)

In cbg's defense, when she wrote that post some 15 months ago, it was accurate.

[Pattymd]

I knew the term "hijacking" a thread. I never heard "jumping the thread".

[BnThrDnTht]

Originally Posted by Pattymd

I knew the term "hijacking" a thread. I never heard "jumping the thread".

Geez Patty wasn't that hair a little thin to split? JK of course. Have a nice day

[cbg]

It appears I may really have to go through and lock all posts over a certain time period.

Just as an FYI to anyone who wants a clue, any thread with a response from the previous moderator of these forums, Lillian Connell, is perforce two years old; Lillian left these forums in July of 2005. While there may be other outdated threads to which she did not reply, if you see her name, you know this is automatically a hijack.

[Pattymd]

Originally Posted by BnThrDnTht

Geez Patty wasn't that hair a little thin to split? JK of course. Have a nice day

All I meant was that I learned something.