I'm on salary and been docked for going to the doctor is that legal? She knew 2 weeks in advance.?

michr

if you are salary and exempt then you can be docked for whole days but not partial days. to be docked whole days due to illness certain conditions must be met. missing work for a personal day(such as a doctors appointment) you can be docked without restrictions.

if you are salary but not exempt then yes your pay can be deducted. (non exempt means you also receive overtime after 40 hours)

the use of paid time off is not regulated by or required by law. paid time off and it's administration is a policy decision set by the employer.

these facts sheets will help you to understand salary exempt,
non exempt, allowed deductions to pay etcetera:
exempt status
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf

allowed deductions to salary
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17g_salary.pdf

jasminetinge

If you don't have any sick days left then yes it's legal.

Frau Z

It depends on if you have vacation or sick days they can deduct from. Sadly it is legal.

Ozzie

You'd best check your handbook. Docking salaried employees is a dangerous practice. Being paid on salary means the employer pays you the same every week no matter how many hours you work. (Usually works to the employer's advantage unless you are salaried, non-exempt.) If an employer docks for hours missed they are, in essence, saying that you are an hourly employee. That opens them up to having to pay you overtime.

So are you salaried, non-exempt? That has a big part in your situation.

squirrellymom2

I work on salary too. If I take off I have to have sick days or vacation time to cover the hours/days/weeks gone.

If you don't have the time; then don't take off---doesn't matter how much notice you give.

Check your employee handbook. . . .it should have all the answers to your questions. If you don't want to look for the handbook, check with the HR department.

Catita

Check your Employees Hand Book.
You can also go on line and check your Department of Labor. and go to Tax Exempt /Salary employees. It is different for hourly employees.

BobbiO2000

She knew, but did she give approval?

Big difference.

dixiedarlin7297

Yes it's legal. Unless you used up one of your paid vacation days or something like that.

Judy

Salary is just a way to get paid, it doesn't mean that you don't get docked for being off, or have the time charged against paid time off. It also means that unless you are exempt from federal wage and hour laws, they have to pay you time and a half for hours over 40 in a week. Most positions, except management positions and some highly paid professionals, are covered by this.

David D

Just because you are on salary doesnt mean your employer has to pay you when you are not there......if you have any PTO time Im sure they would let you use that to make up the pay. Salary is really more for an employer so they dont have to pay you overtime for any hours over 40.

BEMA7

I read the answers and they're all right. However, what counts is your seniority in the company. As in your PTO days. Also, do you have sick days coming to you? In your handbook this is explained clearly. I would read it, before I say too much. Your manager/directer doesn't have the right to give you the company's money, just because you told her you were going to be off, two weeks before that date.

Does that make sense? Sure it does. I hope the handbook is on your side. Blessings<><):

pearl_hoff

no i do not think it is

sjcbamag

did you get an excuse from the doc. if so then no it's not legal.

mrsdebra1966

Yeah, so ask for your sick pay on your next check.

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