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

Announcement

Collapse
No announcement yet.

Salary Qustion

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

  • Salary Qustion

    Two questions from two people
    Were both supervisors in the same department and work 2nd shift. We're paid a bi-weekly salary no overtime.
    1) I ended up leaving early last friday due to illness. I went to the doctor monday morning and he told me to stay home monday and tuesday. I have all the documintation. Can they dock my pay for these three days off?

    2) There going to induce labor on my partners wife this coming monday. He's going to be taking off that week only. Can they dock his pay for that week?

    Neither of us have PTO time due to the fact that we haven't been there a year yet. Although my partner's year will be on Nov. 1 of this year.

    Thanks in advance.

  • #2
    Assuming then that these two people are both exempt (because you say no overtime):

    1. [QUOTE]1) I ended up leaving early last friday due to illness. I went to the doctor monday morning and he told me to stay home monday and tuesday. I have all the documintation. Can they dock my pay for these three days off?QUOTE]

    On Friday, you must be paid for the full day, because you worked part of the day. For the other two days, I am assuming that your PTO benefits are expected to cover sick time as well, but because you have been there less than a year, you are not eligible to tap the balance. In that case, your salary can be docked for the full two days. See here:
    http://www.dol.gov/dol/allcfr/ESA/Ti...1/29CFR541.118.
    Specifically, (a)(3)
    But, btw, a doctor's note has no force in law. And just fyi, FMLA would not apply because you haven't been there long enough.

    2) There going to induce labor on my partners wife this coming monday. He's going to be taking off that week only. Can they dock his pay for that week
    Yes, because he will not be performing any work for the week, he is absenting himself for personal reasons, and cannot yet tap into his PTO.

    Sorry for the format problems. But the answers are still right.
    Pattymd
    Senior Member
    Last edited by Pattymd; 10-06-2005, 04:15 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      I'm glad you brought up FMLA. We have several ladies pregnent. At this place of employment they use a point system. After you accumalate 10 points your fired. They also have a No fault Attendance policy (I really hate it. You get no loyaty from empolyees because it doesn't take into account the reasons for there problems. You could be there 20 years not miss a day then have a major crisis one year and boom you don't have a job) Anyways, when these ladies leave because it's time for the babys what would they be able to fall on so there not terminated due to not being there for a pregance. They are hourly. The company hasn't been hear a full year yet. Were based in Cinn. Ohio
      tntinc
      Junior Member
      Last edited by tntinc; 10-06-2005, 11:30 AM.

      Comment


      • #4
        If the company hasn't been in business for a full year, then the employees couldn't have worked there for 12 months. Accordingly, employees would not be eligible yet.

        The company is not subject to FMLA, however, unless it has at least 50 employees at your work location and within 75 miles of your work location.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          I'm sorry. I just need to make sure that I've this right. There's nothing the employee can do. There pretty much at the mercy of the company to decied wheather they want them back or not since they'll be way over the 10 point No Fault Attendance policy. Is there anything the employee can do? Fall back on? We have over 800 employees and no HR department.
          tntinc
          Junior Member
          Last edited by tntinc; 10-06-2005, 11:50 AM.

          Comment


          • #6
            I assume you are talking about the employee who is taking the week off when his wife has the baby.

            No. There is nothing he can do. Since he has voluntarily absented himself for a personal reason, the employer may legally dock him. Since he is not entitled to any protected leave he can legally be fired.
            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.

            Comment


            • #7
              salaried position

              I was a salaried employee and used up sick time due to wifes illness. I still needed time off on occasion and was paid for it. Now that i am not there they are asking for that time back. Can they do that. I understand i used my sick time, and i even said go ahead and dock me if you have too. They said no we dont dock salaried employees.

              Comment


              • #8
                Originally posted by walbin
                I was a salaried employee and used up sick time due to wifes illness. I still needed time off on occasion and was paid for it. Now that i am not there they are asking for that time back. Can they do that. I understand i used my sick time, and i even said go ahead and dock me if you have too. They said no we dont dock salaried employees.
                You mean that you no longer work for the company, and not collecting anymore checks from them?

                If that's the case, I'd tell 'em that they had their chance.

                Comment

                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