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  #1  
Old 10-09-2009, 11:34 AM
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Question

Exempt with 40+ hours work w/doctors appointment


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

I have a question in regards to exempt status and time off. I have exhausted my sick time (5 day/year) due to a car accident which has me on inter. FMLA. My company seems to have an odd policy when it comes to Exempt Employees.

If I log 60 hours in a week and had a doctors appointment on Tuesday that took 2 hours. They are requiring me to take 2 hours sick time while still paying me my base salary. Now that I am out of sick days, I have to either take unpaid timeoff or vacation. Is this correct?

I know they consider us exempt even though we probably are not exempt by the guidelines... My problem is 3 weeks ago I had 68 hours of work and took off on Friday but they still made me take 8 hours vacation which put my total at 76 hours.

Do you have any advice or is this normal?
  #2  
Old 10-09-2009, 12:40 PM
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Because it's FMLA time, they can do this. FMLA time by definition does NOT have to be paid. I think it's bogus, but it's legal.
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  #3  
Old 10-09-2009, 12:43 PM
cbg cbg is offline
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This is not only legal, it's not even all that uncommon.
  #4  
Old 10-09-2009, 01:04 PM
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What about non FMLA. I was out of work for a stomach illness and still worked more than 40 hours. So you are saying regardless of how many hours I log, if I am sick for 2 hours I have to take sick time?
  #5  
Old 10-09-2009, 01:21 PM
cbg cbg is offline
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If your company says so, yes. That is, after all, what sick time is for.

What I don't think you understand is that if you are an exempt employee, the number of hours you work has no legal significance.
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