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    jkrogel's Avatar
    jkrogel Posts: 1, Reputation: 1
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    #1

    Dec 24, 2008, 07:23 AM
    Salary Exempt Holiday/Sick Pay
    I am a Salary Exempt employee. I was provided with two weeks vacation pay, but no personal or sick days. When I have missed work due to illness I have had to use my vacation days to cover the missed time. Is this legal? Also, when the Owner of the company I work for decided to close for the day after Thanksgiving I had to use my vacation pay to cover this time as well. Is this legal? She has now decided to close the day after Christmas and I have no vacation time left to cover this day. Is it legal for her to deduct the pay from my salary? Also, if I am sick for a day or two within a work week, and I do not have the vacation pay to cover it or a sickness plan to compensate me, is it legal for her to deduct my salary?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Dec 24, 2008, 07:42 AM

    Salary is suppose to mean whatever amount of hours you are suppose to get the same pay.
    I don't know if it is legal for her to use your sick days as vacation,
    It may be. But using days she is closed should be on her.
    She is using salary to her advantage rather than how it is meant.
    I would get a print out of exactly how salary is meant to work and show it to her. If she still doesn't budge I would figure out what you should be making per hour and tell her you want to go to hourly.
    If all else fails---find another job! Then she may see just how good she had it with you and regret she took advantage.
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #3

    Dec 29, 2008, 09:06 AM

    Vacation pay is considered a fringe benefit and is not required to be paid by the employer as is sick pay. If it is paid by the employer than the employer can say when and how it may be used.

    If you are off one whole day sick vacation pay may be used to cover it or if none is left it can be deducted.

    If the company closes one whole day over the holidays vacation pay may be used to cover the time. If no vacation pay is left than you still must be paid.

    Shirley

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