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  #1  
Old 08-25-2009, 07:29 PM
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Denied PTO for Dr.'s Appt

What is the name of your state (only U.S. law)? Texas

Hello. I am a salaried employee with available P.T.O. Our company has less than 50 employees. Today I was informed that I am no longer allowed to take time off for Dr.'s appointments. I have 2 conditions that require regular physician maintenance. Are they allowed to do this? Thanks for any help you can provide!

On a seperate subject they are deducting compensation in the form of money and/or vacation/PTO hours when I do not meet my 40 hours. This can be due to a scheduled appointment or a nationally recognied holidy like Independance Day. Is this allowed? Keep in mind I am salaried and meet the requirements for an "exempt" employee.
Last edited by Dubbya512; 08-25-2009 at 07:34 PM.
  #2  
Old 08-25-2009, 07:41 PM
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They can deduct vacation time when you don't meet 40 hours. They can NOT deduct pay, even if you are out of PTO.

They do not have to allow you to take time off for any reason, since FMLA does not apply to you.
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  #3  
Old 08-25-2009, 07:48 PM
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Quote:
Originally Posted by ecmst12 View Post
They can deduct vacation time when you don't meet 40 hours. They can NOT deduct pay, even if you are out of PTO.

They do not have to allow you to take time off for any reason, since FMLA does not apply to you.
Do you know where I can find legitimate documentation to back up the pay deductions? Thank you very much.
  #4  
Old 08-25-2009, 08:55 PM
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You can check on the US DOL web site. If they dock your pay, they risk losing your exempt status and may have to treat you as non-exempt in the future. You can call your state DOL to file a complaint as well, they should be able to take it.
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  #5  
Old 08-26-2009, 07:42 AM
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[url=http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm]29CFR541.602 - Salary basis.[/url]
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  #6  
Old 08-26-2009, 10:32 AM
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BTW, the exempt status would be lost ONLY for the week in which the deduction occurred, not for all subsequent weeks. Or so says one of my favorite experts.
  #7  
Old 08-26-2009, 12:33 PM
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If that's true, then what is the disincentive for an employer to follow the law for exempt employees? Why wouldn't they just say, oh you're non exempt for this week because you only worked 35 hours, but last week when you worked 50, you were exempt, and you'll be exempt again next week when you work 45 hours, but then if you ever work less then 40 again, you'll be non exempt for that week too.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
  #8  
Old 08-26-2009, 12:38 PM
cbg cbg is offline
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Don't ask me. Ask my friend David. He's the FLSA expert, not me.
  #9  
Old 08-26-2009, 12:39 PM
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Well he's your friend, you should ask him if you get a chance

Just seems like this is an abuse of the exemption, know what I mean?
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
  #10  
Old 08-26-2009, 12:46 PM
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I'm not David (or Morris), but here's the reg:
[url=http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.603.htm]29CFR541.603 - Effect of improper deductions from salary.[/url]

The issue here, though, would actually come down to what the actions imply the intent is.
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