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Exempt Employee docked for 2.5 hrs. sick time Texas

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  • Exempt Employee docked for 2.5 hrs. sick time Texas

    I am classified as an exempt employee. Title: Technical Writer. Two weeks ago, I had to travel to NY for work and traveled on my days off, which I understand is not compensated time; however, on the 2nd day back at work, it was necessary to go to the doctor and I missed 2.5 hours that day from work and have no more accrued PTO time, therefore; my employer is docking my salary for the 2.5 hours missed. This seems harsh, when I gave them 16 hours of my personal time to travel to/from their out-of-state work assignment.

    I understand docking for full day missed, but this was only 2.5 hrs.?

  • #2
    Although an exempt employee can be docked for days missed due to illness when they have used all their sick or PTO time, it can only be done in partial day increments if FMLA is involved. Otherwise, if they work any part of the day, they have to be paid for the full day.

    You can contact the TWC with a complaint if you want to pursue it.
    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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