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buckeyes1 · Jan 12, 2011, 07:01 AM

I am salary employee in Ohio and work well over 150 hrs overtime each year and don't get paid for it, I recently had surgery and was off work for 3 weeks, I used all my vacation time (2 weeks) which made one week unpaid, I am now back to work but only half days temporarily and being paid for only the time I am there like I am hourly, Is this legal?

Fr_Chuck · Jan 12, 2011, 07:04 AM

You do not work "overtime" you work more than 40 hours, there is a difference in terms.

It is correct for them them to use the vacation pay first and any other PTO time that you may have.

If you are going in for half days, you neeed to speak to them, since if you report to work, you should be getting that full days pay. Ask nicely, talk to the HR department to show you how it if figured.

Wildsporty · Jan 19, 2011, 09:50 AM

If you are working part time and are salaried exempt on FMLA time it is permissible to only pay for the hours you are working and charge the other hours off to FMLA time.

Normally an exempt employee is entitled to his or her entire salary for the week, regardless of the number of hours worked. However, there are two notable exceptions to this rule under FMLA and ADA.

Under the federal Family and Medical Leave Act or FMLA, an exempt employees salary can be prorated when the employee uses unpaid FMLA for a portion of the week. Suppose Tina is an exempt employee who usually works 40 hours per week. Tina uses 10 hours of FMLA this week. She can legitimately be paid only for 30 hours, or 3/4 of her usual salary for the week.

There is also an exception under ADA, the Americans with Disabilities Act. ADA requires that an employer make a reasonable accommodation for an employees disability. An altered work schedule is a very common accommodation for a disability. Again, like FMLA, time off under ADA can be unpaid — even for an exempt employee. Suppose the employee has used all of her FMLA and still needs a reduced work schedule as a reasonable accommodation for her disability. If the employee works 30 hours this week under ADA, she can be paid 3/4 her usual weekly salary.

With both FMLA and ADA, the amount the employee is paid each week can vary depending upon the number of hours worked. This would not be legal with an exempt employee who was not taking time off under FMLA or ADA.

Shirley