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Exempt forced to use future leave time Texas

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  • Exempt forced to use future leave time Texas

    I have a sticky situation that I want to handle right with my employees but I am not sure if my company's decision is correct.

    For the purposes of this scenario assume that all parties involved are exempt salaried.

    Due to the rough times, our company has decided to shut down for the week of Christmas rather than just have 2 days off as planned. Out of the 3 additional days that we will have off, the company has decided to pay us for ½ of the time and has required that we use vacation for the remaining 12 hours.

    Here is where the questionable part comes in: We are not on a PTO system yet and we are required to use all of our vacation/personal/sick days before the end of the year. Myself and a few of my reports had used up all available time before the closing decision was made. To compensate for that, a new rule was just applied that now allows us to borrow personal days that accrue on Jan 1 (using the premise that vacation days are employee-owned and personal days are employer-owned). My employees are asking me if they are exempt, why are they required to use personal days that have yet to be accrued to satisfy the company shutdown.

    I do not desire to file a complaint of any nature; rather I just want to get it right for my staff.

  • #2
    Because neither the FLSA nor the TWC cares one whit about HOW the salaried exempt employee gets his/her pay. Only that he does, unless one of the exceptions applies.

    Theoretically, since the employees will be doing no work at all that week, no pay is even due (assuming the workweek corresponds with the calendar week). If that is the case, they are doing more than the law requires. However, I don't disagree with you that doing it this late in the year is bad for morale, if nothing else.
    Last edited by Pattymd; 12-10-2008, 06:37 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Because the company says so and there is no law that makes it illegal.

      I know it's not the answer you want and I don't agree with going negative either. But it IS legal and the employer gets to decide when time can and cannot be used.
      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.


      • #4
        Thanks for the quick responses. Since my post I have looked around on this site and find it a very valuable resource with very informed participants such as yourselves. Thank you for your efforts.

        Moral is an issue (we just laid off quite a few), but as I stated above I just want to get it legally right whether I like it or not. I will have no choice but to work that week (I am the IT Director and work remotely every day) but my reports will not be, so this addresses my biggest concern of what is legal and how I need to deliver the message.

        Thanks again for the help!


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