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Exempt employee question in Texas

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  • Exempt employee question in Texas

    I am a salary/exempt employee and recently was out on medical leave. In order to preserve my PTO hours for a second surgery, I came back early with a medical release to work half time hours. HR told me they will deduct 20 hours PTO each week but since I am an exempt full time/salary employee, doesn't my employer have to pay me full time wages?

  • #2
    It looks to me like they are paying you full weekly pay by using (deducting) 20 hrs. from your PTO hrs. & using this PTO hrs. to bring you up to full pay. They can charge your time off to your accumulated PTO.
    I don't know if you would qualify for FMLA but that is unpaid time off.
    Last edited by Betty3; 05-31-2007, 05:47 PM.
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    • #3
      There's good news and bad news.

      The good new is, yes, since you are exempt if you work any part of the day you have to be paid for the entire day (barring intermittant FMLA).

      The bad news is that in all 50 states it is legal for your employer to use paid leave to cover any part of the day that you do not work but must be paid for. In most states that is true even if FMLA is being applied.

      So your employer is completely legal.
      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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      • #4
        What if I run out of PTO?

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        • #5
          Then you still can only be docked in full day increments, unless you have applied for intermittent FMLA. Another option, though, is that the employer could switch you to nonexempt, hourly-paid, until you can return to work full-time.

          Is intermittent FMLA a possibility?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Yes. I just got signed up for FMLA and will be using it intermittently.

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            • #7
              Then they can dock your pay going forward. That is the exception regarding partial-days' pay for exempt employees.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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