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Double Sick Days on Fridays and Mondays

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  • Double Sick Days on Fridays and Mondays

    I work at a small company of less than 50 employees in California. We are given 4 sick days a year (2 every six months). The owner of the company feels as if the employees are taking off more Fridays and Mondays than any other day of the week. In retaliation, the owner has started a policy of 2 sick days taken if you are sick on a Friday or a Monday. This does not seem right. Can this company do this? Is there a CA law about this subject matter.

  • #2
    Yes and no. What you describe is not formally prohibited under federal or state law, but there is one concern based on what you have said.
    - If we are talking only about employees who are both Exempt and Salaried, then there are docking restrictions (29 CFR 541.602) on the salary. The 29 CFR 541.602 regulation restricts reductions in salary related to sick to "bona fide" sick pay plans. Federal DOL generally considers "bona fide" to be plans that offer 5 or more sick pay days annually. Your plan (at most 4 days annually) does not seem to meet the bona fide plan requirements. This does not mean that your employer cannot have such a plan, they legally could offer no sick pay days, but this does mean that for Exempt Salaried employees only, no docking under the sick rules would be allowed.
    - Past that point, federal law does not care about the sort of thing you discuss. CA law also does not care about this issue.

    I understand that is not what you want to hear.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thank you for the quick response. There are a number of salaried, exempt employees including myself. The information you provided is very useful.
      Thanks again.

      Ryan

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      • #4
        Any and all Exempt Salaried employees (not all salaried employees are exempt, and not all exempt employees are salaried) should be very familar with the 541.602 rules. They basically lose their paid overtime but get docking restrictions on their salary in exchange. I would prefer the paid overtime myself, but we do what we can do.

        Past that, federal law (FLSA) is a big deal on hours actually worked, but much less so on hours not actually worked. That is generally left to state law. Different states have different rules, but generally states care very little about sick pay, but sometimes care about vacation/PTO.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Unfair, probably, though. Maybe you can provide a compromise, for example, a doctor's note (although you can get those for a dime on the Internet-maybe your employer doesn't know that ).
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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