[EFS1968]

My husband works at salary, usually putting in 60+ hours per week. This past pay period, he had bronchitis and took off 2 1/2 days, returning to work AMA. He gave his supervisor his Doctors note. His employer has docked him 2 days pay. How is this possible when he is salaried?

If this is legal, can he then ask for all the overtime he has worked in the past year?

Would appreciate any advice here.

Thanks, Frustrated

[smoothy]

Doesn't matter if he's salaried or not... has he used up all of his sick leave for the year already? If he has he can be docked.

Where do you live as in WHAT Country and state. Laws will vary between countries and even states.

More info can help us give a better answer.

[EFS1968]

Doesn't matter if he's salaried or not....has he used up all of his sick leave for the year already? If he has he can be docked.

Where do you live as in WHAT Country and state. Laws will vary between countries and even states.

More info can help us give a better answer.

We live in Pennsylvania and his boss does not give sick days to his salaried employees.

[smoothy]

OK... there are no paid sick days. That's why he was docked. Employers aren't, or at least weren't required to give paid sick leave or vacation days... but most of the larger ones do. I think the law did recently change on that... but it applies with more than a certain number of employees. I forget the exact number. But it was geared more towards hourly workers. I'm not very familiar on that topic... someone who is will come along and give a better answer.

[Wildsporty]

Fair Labor Standards Act (FLSA) Coverage (Exempt vs. Non-Exempt -- The Online Wages, Hours and Overtime Pay Resource

Salaried exempt employees may not be docked for a partial day of pay.

They can be docked for one full day of time off for personal reasons.

If sick pay plans exist and all time is exhausted they may be docked for extra sick time off.

If no sick plans exist and no sick pay is given the salaried exempt cannot be docked for sick time off unless he is under the FMLA ruling.

If he is under the FMLA ruling than the employee may be docked for full and partial absences as this is non paid time off.

The 2 1/2 days would not fall under FMLA since he must be absent 3 days or more to qualify.

He should be paid his time .

There are a few instances where the compay is very small and is not covered under the FLSA. If he is not covered under the FLSA than he will not be paid for sick pay off.

You have the right to file a claim for unpaid wages with your local Department of Labor.

Shirley