vacation time docked

[mtrujillo]

I work for a company who is headquarted in Tenn. I am paid a monthly salary plus mileage. I work the entire state of New Mexico and the West Pan Handle of Texas. I must use my own personal car. When my car broke down I was unable to work for 2 days until repairs were done. Since I have to use my own car my employer docked me 2 vacation days for not working those days. They stated that since they pay me mileage I could have rented a car to continue to work those days.

We were never told and there is no written company policy that they can or had provided me with telling me they could dock my vacation days. I am allowed 2 weeks vacation. Is this legal? Can they just take away vacation days like this in this situation?

In my opinion, they should have notified all employees accross the nation that this would be done if our car breaks down. What if, I am traveling 240 miles away from home my car breaks down, I have no cell phone range, I finally get help at 4 pm, I get to a phone and advise my employer that I was traveling to a job site and my car broke down, it took all day for me to get help and to call them, they have the right to dock me a vacation day?

Please help with this issue. Thanks!!!!

confused and concerned and mad.

[cbg]

While it would have been nice of them to notify you of the policy, it is entirely legal for them to require you to use vacation time for this situation. Vacation time is not a required or protected benefit. They don't have to offer it at all; they get to decide when it is used.

I am by no means unsympathetic. Half an hour ago I arranged to have my car towed for the second time in less than a week; since my husband needs his car I am having to move in with my sister for the rest of the week in order to get to work. So I fully understand how you feel. But what they are doing is not illegal.

[zx83]

I work for UBS Financial Services out of my home (full time telecommuter)
Yesterday I was working fine and BellSouth had a network outage which caused my DSL to go down.
I was docked a personal day because for a technical difficulty beyond my control.
Why are companies allowed to do that to employees, I really think that it's truly unfair. So my question, if there is a power outage for hours and or if the servers go down an no one can work for a day, are they going to dock everyone?? I dont think so.

I had asked my manager if this applies to everyone that works for the firm and he told me it's only for our department's telecommuter. Is this Legal???
Please help me.

[Pattymd]

Are you an exempt employee or are you nonexempt?

[zx83]

I'm an Excempt employee.

[Pattymd]

Then your salary cannot be docked. Here are the regulations regarding the docking of pay of exempt employees.
http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.118.htm

Now, if I am understanding you correctly, they substituted a leave day for your salary, is that correct? If so, that is not illegal, because you got your full week's salary, which is all the law requires; it does not care HOW you get it. I'm not saying that is the way I would have done it, because I agree this was beyond your control, but it was also beyond the control of your employer and, in this case, it appears your employer decided to make you suffer the consequences instead of them. Too bad, but not illegal.

[zx83]

Correct, what they are doing is the following:

1-They pay u the full week salary and then they take a sick day, personal or vaction day, which everone is available at the time from our calendar.

2- If you do not have anyof those days available, then they will dock you a days pay.
Now If they are not suppose to dock me a day's pay, how can I fight back, do i file a complaint with the labor department??

[Pattymd]

If you are out of vacation time, they can only dock your salary if you missed the entire day "for personal reasons". This obviously would not be one of them. Yes, you can file a claim if your salary is improperly docked with the state Dept. of Labor.

[zx83]

Another thing they want us to do is the following:

If I work from 8am-4pm and i'm done with my shift, my manager forces us to stay and take training classes after hours with out paying us extra. he claims that since we are salary we have to stay as long as he tells us to stay.
Is it legal for him to do that??
He refuses to scheduel training classes on company time.

[Pattymd]

Yes, it is legal. Or better put, it's not ILlegal.