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Salaried exempt pay docked!!! Alabama

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  • Salaried exempt pay docked!!! Alabama

    I recently had a heart attack at work.
    I am a salaried exempt employee that works a lot of OT (which has no bearing on the situation), that I'm not paid for.
    When I was released from the hospital, I was under DRs orders to stay home and take it easy until my next appointment.
    I have missed three days on one week, and used ALL accrued PTO so I have two missed days.
    And I missed one day the next week. Personal leave will be returned in two weeks so I was unable to use this.
    I didn't meet my short term disability requirements of two weeks so I am out three days pay.
    This illness has cost me a lot already and for them to dock me for something I can't control seems a little harsh. They have NO bona fide plan in place to compensate for this short term, what do I do???
    Last edited by BottomFeeder; 05-18-2014, 08:50 PM. Reason: Missed word

  • #2
    I'm sorry, but the plain fact is that you do nothing.

    Even an exempt employee can be docked for time missed for personal reasons, or for time missed due to illness if there is a bona fide policy for paid sick time (which PTO is) and you have run out of days or are not yet entitled to any. 45 states, including yours, do not require an employer to have any short (or long) term disability plan in place.

    You have my best wishes for a full recovery but your employer is violating no laws.

    BTW, it is not true to say that you are not being paid for the "overtime" you work. (Overtime is a meaningless concept for exempt employees.) An exempt's salary covers all the time that he works, no matter how many or how few.
    Last edited by cbg; 05-19-2014, 05:00 AM.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Technically, as an exempt employee, you are not really working OT but working the necessary hrs. to get the job done. You can call it "OT" but you are getting paid for all hrs. you work.
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