Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Deduct sick day pay

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts
    Betty3
    Senior Member

  • Betty3
    replied
    Per your other thread, it seems you are in Texas. You would put in your claim with the TWC (Texas Workforce Commission).

    Leave a comment:

  • Pattymd
    Senior Member

  • Pattymd
    replied
    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.

    Leave a comment:

  • myglo0455
    Junior Member

  • myglo0455
    replied
    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

    Leave a comment:

  • Pattymd
    Senior Member

  • Pattymd
    replied
    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)

    Leave a comment:

  • myglo0455
    Junior Member

  • myglo0455
    started a topic Deduct sick day pay

    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.
The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
Working...
X