Government job with benefit issues

[Adie24]

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

There are a small group of employees experiencing difficulty receiving and utilizing benefits. Some did not receive the sick leave or personal leave that is promised with employment. Others were credited the leave. However, when they had to use it, their paycheck was docked the missed hours and the leave was left untouched. All of the proper paperwork, leave requests, absence reports, etc. were completed and submitted. When trying to get the situation corrected, employees work through the chain of command only to be told the head of Human Resources is the only person that can correct the situation. The HR department head will not return calls or emails. Some have tried visiting in person only to find that they are unable to make an appointment or see the appropriate person.

Any ideas or advise on how these employees might be able to improve this situation?What is the name of your state (only U.S. law)?

 

[commentator]

Federal government, state government, or a private contractor using state or federal money? Which is this? If state, what department?

 

[Adie24]

Thank you commentator, for replying to my post.

The employees work directly for a local school system.

 

[cbg]

Are the employees exempt or non-exempt? Are they paid on an hourly or a salaried basis? What precisely do these employees do?

All of the above matters to the answer.

 

[Adie24]

Thank you for your assistance cbj. Those are questions that may require more research on my part. Many of the employees experiencing issues are the therapy staff (PTs, OTs, and PT/OT Assistants). They are paid on a salary basis on a 12 month schedule (instead of the 9 month work schedule). I might also mention that when pay is docked, it is docked on a 9 month schedule. This means paychecks are docked at a higher hourly rate than the scheduled pay rate. I am assuming they are all exempt.

Thank you for your time and attention to this post.

 

[eerelations]

Who are you in this story?

 

[cbg]

IF they are exempt, then the school can legally dock them in the following circumstances, and ONLY the following circumstances:

1.) It is the first or last week of employment and they do not work the entire week
2.) They are on FMLA
3.) The employer offers a reasonable number of paid sick days; the employee calls in sick at at time when they either have used all the days to which they are entitled at the time, or have not yet accrued any
4.) They voluntarily take a day off for personal reasons (this includes vacations)
5.) They have been suspended for a major safety violation
6.) They have been suspended for the violation of a written company policy which applies to all employees and which relates to work place conduct (sexual harassment, drugs/alcohol in the workplace, workplace violence, etc.)

In the case of numbers 1 & 2, they only have to be paid for the number of hours they actually work; i.e., they can be docked in full or partial day increments. For numbers 3-6, they can be docked only in full day increments; however, the employer can require (with limited exceptions that do not apply here) that paid leave be substituted for some or all of the time.

If the employees are non-exempt, then again with limited exceptions that do not apply here, they have no legal expectation for being paid for any time they do not work, regardless of whether they are paid on an hourly or a salaried basis. I will be the first to acknowledge that it makes very little sense to make a non-exempt employee salaried if you are going to dock him anyway, but the fact remains that non-exempt employees do not have an expectation of being paid when they do not work.

If the employees are unionized, then the union may have additional protections over and above what is discussed here, but I cannot address their contract. I can only tell you what the law says.