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Proper practices for deducting vacation and sick leave

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  • Proper practices for deducting vacation and sick leave

    Is it common practice for an employer to deduct vacation or sick time of salaried employees for hours missed during the work day for personal appointments or errands? (Maryland) This company has no published employee manual and it seems as if they make up policy as they go along. For some reason I thought that as a salaried employee I was entitled to a set pay scale and should not have leave deducted for days worked, even if it isn't the full day. Please help!
    Last edited by justwandering; 11-17-2005, 07:27 AM.

  • #2
    Yes, it is a fairly common practice. Not all employers handle it that way but many do. It is quite legal, if that's what you're asking. (I'm not necessarily saying I agree with the practice, but there's nothing illegal about it.)

    The law only says that as an exempt employee, you have to be paid a full day if you work any part of the day (unless FMLA is involved). The law does not say that part or all of that time cannot come from any banked leave you may have.
    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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    • #3
      Deducted for sick days (KY)

      I'm sort of in the same boat. I am a salaried employee from Kentucky. I was under the impression that as a salaried employee, the benefit to my employer is that he doesn't have to pay me overtime, but for me, I was paid even if I didn't come in to work. My problem is this: I had a miscarriage last Tuesday and my doctor put me off work until Thursday. I offered to work from home, because I could still set appointments, I just needed to be off my feet. My employer said he didn't want me to do that and not to bother coming in for the rest of the week. Today when I went to get my paycheck, he docked me for those days. Am I wrong to think that was unfair?

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      • #4
        No, you're not wrong to think it was unfair. But it was not necessarily illegal. There are certain situations in which it is legal to dock an exempt employee's salary.

        However, we don't know enough to know if this is one of those situations. Does your employer offer any paid sick days? If so, how many per year?
        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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