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

    Dec 2, 2014, 07:42 PM
    Salaried employees
    I would like to know if I hire someone as a salaried employee, do I have to pay them for days not worked because of illness, holidays, etc? Even if the business does not have holiday pay or sick day pay? I understand that in Texas I need to pay the employee at least $455 a week in order for the person to be considered salary. Any help/information you can provide would be appreciated.

    Thank you.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #2

    Dec 2, 2014, 08:40 PM
    Good question.

    What I found:

    Sick time: You can deduct for full-day absences if you have a policy for doing so. You can also apply the employee’s sick leave/PTO time if they have any. The regulation states:
    Deductions from pay may be made for absences of one or more full days occasioned by sickness or disability (including work-related accidents) if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability. The employer is not required to pay any portion of the employee’s salary for full-day absences for which the employee receives compensation under the plan, policy or practice. Deductions for such full-day absences also may be made before the employee has qualified under the plan, policy or practice, and after the employee has exhausted the leave allowance thereunder. Thus, for example, if an employer maintains a short-term disability insurance plan providing salary replacement for 12 weeks starting on the fourth day of absence, the employer may make deductions from pay for the three days of absence before the employee qualifies for benefits under the plan; for the twelve weeks in which the employee receives salary replacement benefits under the plan; and for absences after the employee has exhausted the 12 weeks of salary replacement benefits. Similarly, an employer may make deductions from pay for absences of one or more full days if salary replacement benefits are provided under a State disability insurance law or under a State workers’ compensation law.

    Found here: salaried employees and missed days: when do they have to be paid? — Ask a Manager

    As for holiday pay, that is a requirement by law. You cannot legally offer no holiday's to an employee. At least that's what I've found (too many links to post). How much holiday pay you're required to pay will vary, so look into your local laws.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    Dec 2, 2014, 08:48 PM
    An employer is not required to pay holiday pay. That is a luxury many employers choose to extend to their employees, but there is no law stating that it must be provided.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #4

    Dec 2, 2014, 09:00 PM
    Seriously? Not in Canada. In Canada a minimum of 4% of your wages is added as holiday pay. You can choose to get it added to every cheque, or bank it for when you actually take a vacation.

    Also, if you're scheduled to work on a holiday, it's time and a half. If the business is closed on a day you normally work, you are still paid for that day.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #5

    Dec 2, 2014, 09:03 PM
    Nope, not here. Although it might be a state law. In my state an employer is not required to pay holiday pay.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Dec 3, 2014, 12:02 AM
    Are not Federal US holidays required for the time off and pay.

    I will say this, if you are not going to give a manager paid holidays, and pay a salary that has sick days and vacation leave, you will never find employees worth keeping . Or any that will stay
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #7

    Dec 3, 2014, 06:14 AM
    No Federal holidays are not required for time off or holiday pay. I wish, you see, I don't get paid anything extra for holidays.

    Back to the OP, much of it will depend on the policies and procedures of your business. If you want loyal, long-term employees, then you provide the extra perks it takes to keep them in your employ.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #8

    Dec 3, 2014, 07:23 AM
    I saw this topic on TV the other day. The US is the only country in the developed world that doesn't require paid holidays by federal law.
    Sick days and vacation time are not required either.
    Many companies often give sick days according to a schedule of time worked, such 1 day every 2 months.
    For holidays, a typical small company might be New Year, Memorial Day, July 4th, Thanksgiving, Christmas (5), with richer companies giving more.
    For vacation time, it varies a lot. A week after one year, maybe two weeks. Rollovers to new years not allowed.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Dec 3, 2014, 09:29 AM
    As noted, you are not required to pay them for FULL days in which they do not show up. But you are required to pay them for the full day if they leave early or come in late.

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