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Docked 2 days for taking Personal Day. Is this Legal? Florida

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  • Docked 2 days for taking Personal Day. Is this Legal? Florida

    I am a salaried employee and I recently had to take a personal day off. I asked my supervisor off for the day and he denied my request. However, I still needed the day off and I emailed him the morning of the day I took off (before work started) to let him know that I was not able to come in. I arrived to work the next day and was called into his office. He stated that i was going to get worte up and docked 2 days of pay even though I only missed one day. Is this legal?

  • #2
    No. You must be paid for all the time you actually worked. He can dock you for the day you actually took off, but not an additional day. Even an exempt employee can be docked for voluntarily taking a day off for personal reasons, and a non-exempt employee never has a legal expectation of being paid when s/he did not work.

    He can, however, fire you for taking time off after your request was denied. Or discipline you in other ways unrelated to your pay.
    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
      Is there an HR person/department?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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