Holiday Pay for Salaried Employee - South Carolina

[RJ40]

Hey group,

I've got a question that is bugging me. While I have done some searching online regarding this issue, and will continue to search, I thought I would take the opportunity to post this question and see what the experts have to say.

I started a new job on 12/1/08 as a computer programmer. The HR person laid out that I could not take time off during my first 30 days of employment. I consider myself as a "salaried" employee; I get paid the same amount whether I work 40 hours or 60 hours per week.

I started work with a cold and missed two days early; they reduced my pay for those two days.

Then, I receive my latest check stub and they reduced my pay because I did not work Christmas day. This is a company holiday and no one worked that day.

My question is whether this is legal? Ethical?

Scratching my head in South Carolina.

[Marketeer]

Yes, it's legal for employers to dock an employee in whole day increments for sick leave when there is a policy in place that states that no sick leave is available for a probationary period. That's contained in the Fair Labor Standards Act.

I'm not sure about the holiday question.

[DAW]

Docking you for the holiday is probably illegal. Under the 29 CFR 541.602 regulation, employers cannot legally dock an Exempt Salaried employee's salary for days involuntarily not worked.

Sick pay is complicated. If there is a "bona fide" sick pay policy, then the docking is legal (same regulation). What is a "bona fide" sick pay policy? Answer - whatever federal DOL says it is. The feds have never issued a "bright line" test on this. I am in agreement with the answer that the probationary period by itself does not make the plan other then "bona fide". Of course, if the feds would not have otherwise considered the plan "bona fide", adding the probationary period would not suddenly make the plan "bona fide". A general rule of thumb not legally binding is that the feds have apparently never found a sick pay plan that offers fewer then 5 sick pay days annually as "bona fide". Past that, this is sort of a "who knows". Basically "Wheel of Fortune" time. File a wage claim and take your chances. The odds are pretty good that your state DOL does not know what "bona fide" means either.
http://www.dol.gov/esa/whd/opinion/F...14_32_FLSA.htm