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salaried employee vs pto Texas

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  • salaried employee vs pto Texas

    hi, i'm new in US and not so familiar with Labor law here. I just need a clarification on this matter.

    if i am a exempt salaried employee and did not go to work for 2 days because i got sick. CAn my employer deduct the 2 days from my salary? do I need to file for PTO to get paid ?

  • #2
    Yes, you should report your days off as PTO time with whatever method your company requires. Ask your manager or supervisor what the proper procedure is. That's one of the things PTO is for. Do you have enough PTO earned to cover the 2 days?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I have 12 days of PTO, however, one of my co worker showed me an article from WHD that "deductions from pay are permissible when an exempt employee ( which I believe is employee receiving > $455 per week) is absent from work for 1 or more full days for personal reason other than sickness or disability of 1 or more full days.

      I'm just confused because another friend did tell me another law provision
      , that employer can deduct for absences due to sickness if the deduction is made with accordance with bona fide plan, policy or practice of providing compensation for salary lost due to illness.

      please help me understand this.

      thanks:

      Comment


      • #4
        Permissible under certain circumstances, yes. Not required.

        As I stated, that's what Paid Time Off plans (which is generally a combination of vacation, sick, sometimes holiday, etc.) are for; to substitute for salary when you are off work for, in this case, illness.

        If you want to be paid, you need to make sure that you comply with whatever procedure the employer specifies for recording time off taken by exempt employees. The company may or may not automatically allocate those days to PTO. Again, you need to speak with your supervisor or manager about how to report the days as PTO time so that your gross salary is not affected.
        Last edited by Pattymd; 01-22-2009, 07:21 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          thanks! you're a big help!!!

          Comment


          • #6
            Originally posted by revelation View Post
            I'm just confused because another friend did tell me another law provision , that employer can deduct for absences due to sickness if the deduction is made with accordance with bona fide plan, policy or practice of providing compensation for salary lost due to illness.

            please help me understand this.

            thanks:
            This is true. Your employer CAN deduct full days if they have a bonafide plan, but they can only deduct full days after all your PTO has been used up.

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            • #7
              Originally posted by revelation View Post
              if i am a exempt salaried employee and did not go to work for 2 days because i got sick. CAn my employer deduct the 2 days from my salary? do I need to file for PTO to get paid ?
              I'm not trying to hijack this thread, but.....
              I am ALMOST sure , I read on this forum, that a salaried/exempt employee must be paid for a full weeks pay if he/she worked any part of THAT week.
              I am getting confused. Is this incorrect??

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              • #8
                There are exceptions.
                http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

                And to clarify, replacing "salary" with paid time off does not violate the above regulation.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Yes and no. For the most part it is correct, but there are exceptions.

                  One of those exceptions is if the employer offers a reasonable number of paid sick days, and the employee EITHER has used all the time available to him OR is not yet eligible for any.
                  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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                  • #10
                    what's the law provision if employee used up all their pto?

                    I already talked to my manager and she said that our policy is to file your sick leave to your pto, even if you are salaried ( since we have a policy it's legal, right??).

                    Comment


                    • #11
                      As I explained previously, PTO stands for Paid Time Off. It is used for all time off, vacation or sick. Sometimes, even holidays are rolled into a PTO plan.

                      Did you read the regulation I posted? To anticipate one of your questions, though, a PTO program of at least 5 days per year would generally meet the criteria for a "bona fide sick plan" in this instance.

                      But can we get back to the original question? Why is everyone so worried about what might happen or what could happen if it is Tuesday and it rains? OP, talk to your supervisor. Or HR. Or Payroll.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment

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