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Exempt Employee and Sick Time

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  • Exempt Employee and Sick Time

    I started a new job as a Store Manager in June. I left early last week due to illness one day and a doctors appointment another. My Supervisor told me that I will have to use whatever sick time I have available to cover the 3 hours. What is the labor law relating to this?

  • #2
    Federal law (FLSA) is fine with having benefit hour balances reduced in response to partial days not worked as long as the salary is paid in full.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      So is the law of every state with the possible exception of California, where the jury is still out on the interpretation of state law on that issue.
      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
        Exempt and Sick time

        I left out a very important piece of info. I don't have enough sick time accrued to cover the sick hours taken. Does my employer have to pay me for the full day or can they deduct hours from my salary?

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        • #5
          Exempt Salaried employees are covered by the 29 CFR 541.602 regulation. I will include a pointer to the entire rule, but the key provision is:

          " (2) Deductions from pay may be made for absences of one or more full days occasioned by sickness or disability (including work-related accidents) if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability."

          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

          - You mentioned 3 hours. You can be legally docked full days only for full days not worked. You cannot legally be docked for 3 hours if that is what your question is.
          - There is a "bona fide" sick pay plan requirement. This is generally taken to mean 5 days or more during the course of the year. The fact that you have no yet worked long enough to earn 5 days does not make the plan other then "bona fide".
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment

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