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    SuperMom313's Avatar
    SuperMom313 Posts: 3, Reputation: 1
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    #1

    Sep 28, 2011, 08:51 PM
    If you are an exempt employee that is currently out of paid time. Can you be docked
    For days taken off due to illness. Also if you have taken FMLA so that the company won't retaliate by firing for missed days.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #2

    Sep 29, 2011, 07:10 AM
    Yes you can be docked if you have used all your sick leave. We do not know enough about your company or your situation to answer the FMLA question. Can you tell us more?
    SuperMom313's Avatar
    SuperMom313 Posts: 3, Reputation: 1
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    #3

    Sep 29, 2011, 10:28 AM
    Thanks for responding. I'm a Senior accountant for a small firm. Roughly about 60 employees. I was experiencing dizziness and blackouts. So I took off Monday for it and returned back for three days and had another episode that Friday so I took off again. After taking Monday off, I had exhausted the remaining PTO. I went to the doctor and he was quite concern since my blood pressure was 160/110. I immediately requested FMLA paperwork so I can have job protection. We are in an at will state and this employer have used this as a crutch in the past with firing other employees. My doctor have now ordered me off, and I do have STD coverage but there's a 7day waiting period. So for that seven day waiting period as an exempt employee can my employer dock me for the Friday and the following week? My friend is an exempt employee for the City of Detroit and she told me if they do dock you while out for sickness you are no longer an exempt employee for that week and now become eligible for OT for the days that I was there and worked overtime. I've taken off for sick leave so this is all new. THanks.
    SuperMom313's Avatar
    SuperMom313 Posts: 3, Reputation: 1
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    #4

    Sep 29, 2011, 10:29 AM
    Sorry meant to say I have not been out on sick leave before.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #5

    Sep 29, 2011, 12:12 PM
    I am not so sure your situation would qualify you for FMLA and, even if it did, FMLA does not guarantee pay. What is your company's sick leave policy for a person in your position? I think your friend is over simplifying how you can move from exempt ot non-exempt status. Did you work more than 40 hours in that week?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Sep 29, 2011, 01:57 PM
    FMLA doesn't take effect until after and STD and LTD benefits are done.

    If you have exhausted your paid time off you can be docked.
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