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Exempt Employee Docked Partial Day...Holiday

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  • Exempt Employee Docked Partial Day...Holiday

    My employer is going to dock me for a day off that is not an 8 hour day. The day before the holiday the office closes early and employees only have to work 5 hours. I will not be in that day, so they are going to dock me, as I have used my accrued vacation and personal days on sick leave and FMLA earlier this year. My question is, even though this is not a "full" work day in the 8 hour 40 hour per week sense, can they still dock my pay? It seems they shouldn't be able to, but its one of those grey areas that I just don't know about.

  • #2
    My question is, even though this is not a "full" work day in the 8 hour 40 hour per week sense, can they still dock my pay? Yep.

    a) They can dock your pay for any full days you take off for purely personal reasons, and b) they can dock you for a full day's pay. Had you worked, they would have paid you for a full day even though people were only scheduled to be at work for 5 hours.

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    • #3
      So, if I go into work for an hour on that day, then they cannot dock me and have to pay me for a full day, since in that case, I am working a partial day?

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      • #4
        Yep. The only time an exempt employee can have wages deducted for a partial day is leave time under the FMLA.

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