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Can empolyer ask you to fill up sick or vaction form if you clock in late? California

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  • Can empolyer ask you to fill up sick or vaction form if you clock in late? California

    I usually worked more that 8 hours per day and I stay late, so I will be late to work from time to time. If my empolyer ask me to fill up sick form just because I am late, is that legal? I heard that if you worked 4 hours and it consider worked for the day, is that true? Thanks.

  • #2
    Of course it is. The purpose of PTO (i.e. vacation) is to cover for time missed from work. If you are late, you have missed worked. Regardless of if you are exempt or non-exempt under FLSA, the employer may require you to apply PTO for hours missed. So if you worked only 4 hours, your boss may require you to record 4 hours PTO to make up the difference. However if you are exempt and no PTO exists and you work only a partial day, you may not be docked for the partial absence (with the exception of intermittant FMLA).

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    • #3
      And dumb question, but why would you be late just because you worked late the day before? How late is late? Late is whatever the employer says it is. Especially without prior approval.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Originally posted by Pattymd
        And dumb question, but why would you be late just because you worked late the day before? How late is late? Late is whatever the employer says it is. Especially without prior approval.
        Depends, there is 1 mins late or half an hour late. HR will ask you to fill up the form anyway. Besides, 1 more question, if company can ask me to file late clock in, and usually I have to work over time almost everyday(I have to con-call after normal working hour with other country co-workers), can I ask company to pay over-time?

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        • #5
          The two are completely unrelated.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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