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super8 · Jun 6, 2009, 06:54 AM

If an employee is salaried and is required to work extra hours every week totalling around 80 hours in a 3 month period then needs to take a couple of weeks off due to surgery, can the employer deny the employee the right to use the extra 80 hours as opposed to using vacation to fill in for the disability waiting period?

excon · Jun 6, 2009, 07:28 AM

Hello s:

A salaried employee does not save up hours he worked and didn't get paid for... and an employer doesn't save up work that they didn't pay to get done.

When a salary is applied properly, when the week is over and payday happens, nobody owes anybody anything. This would be true if the employee worked 80 hours, or 25.

IF, however, the salaried employee is being FORCED to work beyond 40 hours, there is a real good chance that he shouldn't BE salaried in the first place, and that he's being cheated out of overtime.

So, he isn't entitled to use up hours you think he banked. But, he MAY be able to sue for all the overtime that's been denied him in the past.

In order to determine if that's so, we'll need to know a lot more about the job.

excon

twinkiedooter · Jun 6, 2009, 05:19 PM

I agree with Excon. An employee just can't "bank" his overtime and expect to use it to his advantage. Doesn't happen. Sorry. You must wait out the waiting period for disability the way everyone else does. There is no short cut for the waiting period for disability.

Fr_Chuck · Jun 6, 2009, 05:34 PM

There are no extra hours saved up, no idea where that idea came from.

Yes they can deny