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holiday pay/Sick time/ Review???

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  • holiday pay/Sick time/ Review???

    I have a question about some of the laws in california. I've been working for a company for about 2 years now and i have not had a performance review yet. They are suppose to give it to me once a year and i've asked repeatedly and i get the runaround.

    also, i'm a salaried worker and they have some weird rule that if you take a sick day after a holiday, they will not pay you for the holiday. Is that legal? shouldn't you be able to take a sick day if you have it available?


  • #2
    No law in any state requires an employer to provide performance reviews. If their company policy is to provide one once a year and they are not doing so, shame on them but it's not illegal and does not provide you with any legal recourse.

    It is quite common, and quite legal, for a company to require that you work both the day before and the day after a holiday before you can be paid for the holiday. Nothing in the law requires paid holidays, either.

    Sick days are not an entitlement. A lot of people take sick days when they are not sick to extend their holiday. The employer does not have to put up with that.

    If you are exempt (exempt and salaried are NOT the same) then there are only limited reasons your pay can be docked and holidays are not among them. HOWEVER, if they offer a reasonable number of paid sick days they can dock you for missing work due to illness if you are not eligible for a sick day when you take it. I don't know of any reason, unless CA law specifically says otherwise, that they can't make a rule that says you aren't eligible to take a sick day immediately before or after a holiday. In that case, it would be the sick day, not the holiday, that you aren't getting paid for, but would amount to the same thing and would be legal.
    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.


    • #3
      thanks you for all your answers.

      but if you are salary and if you work 40 hours or 50 hours you get the same pay. how can they say that if your not here 1 day, that they are going to pay you less than what your salary entitles you to? I mean if your salary, how can you get less money if you work less? You don't get any extra if you work more?


      • #4
        For the sake of argument, we'll assume that by salaried you mean exempt. That may or may not be the case, but we'll pretend it is for purposes of this discussion.

        Yes, you are right, you don't get any more money if you work extra hours. However, that doesn't change the fact that the law specifically gives your employer permission to dock your salary in certain circumstances. They are very limited circumstances but they exist nonetheless.

        One of those circumstances is for sick time, IF AND ONLY IF they offer a reasonable number of paid sick days. If they offer a reasonable number of sick days, the employer IS permitted to dock you when you call in sick if you have no sick days available to you at the time.

        You can argue that it isn't fair, and I'm not going to tell you you're wrong. But it is legal nonetheless.

        If you are non-exempt, then it doesn't matter whether you are paid on a salaried basis or an hourly one, they have no legal obligation to pay you when you do not work. I'll be the first to agree that it doesn't make sense to call you salaried if they're going to dock you, particularly since if you are non-exempt you have to be paid overtime anyway. But with VERY few exceptions, even fewer than the circumstances in which an exempt can be docked, if you don't work they don't have to pay you, regardless of the method in which you are paid.
        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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