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Deduct sick day pay

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  • Deduct sick day pay

    I work as a F&B Manager at a hotel, the owner does not have sick days, or any kind of benifit, only vacation and holidays pay.

    If get sick one day or even two days, even if salarie does she has the right to deduct a pay day out of my check or I be protected under the fsla law.

  • #2
    Assuming that, you are an exempt employee ("salaried" is merely a pay method, but as a F&B manager, exempt is a pretty safe bet), no, your salary cannot be docked for full days missed due to illness or injury. This docking as you describe would only be legal if there was a bona fide sick pay plan and you were either not eligible to use sick days yet, or had exhausted the time provided.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
    (specifically, section (b)(2)
    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
      Deduct sick day pay

      Thank you for responding, but let me clarified that she does not have any
      kind of day special for us, most of the time she had taken the days from my vacation to give me the day back, and now that I run out of vacation days she just take the day out she tells me that I need to work at least 10 days, but when I work over my ten days as a manager she does not give me any kind of credit for that. so what I should do tell her or report her to the labor department what will be my next step if you could please guide me. this has been going on for 3 years.

      Thank you so much

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      • #4
        Using vacation is fine if you have it, but if you don't, and there is no bona fide sick pay plan, the docking is a violation of the FLSA. Who you would file a claim with depends on what state you work in; that's why the site requests you enter your state when you start a thread.

        As an exempt employee, there is no requirement that she give you "credit" for working more than 10 days in a pay period.
        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
          Per your other thread, it seems you are in Texas. You would put in your claim with the TWC (Texas Workforce Commission).
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