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dmorse1978

Junior Member
What is the name of your state? Virginia

I work for a huge Transportation company and I have a really big problem with one of the things they've done to me.

The handbook states that "hourly" employees receive 5 paid sick days a year. It doesn't elaborate on a policy for "salaried" employees, one would think because when you're salaried, you're paid regardless.

Well, last year, I was sick for more than 5 days. I wasn't written up or anything and I had a doctor's excuse. However, when I received my paycheck, I noticed they'd used my vacation time when I was sick. When I questioned my supervisor, I was told that we get five paid sick days and after that, they take our vacation time because if they didn't, it would be like allowing us unlimited vacation.

My problem is this. As a salaried employee, we are paid to do a job regardless of the amount of hours, whether it's less than, or more often than not, more than 40 a week. But I'd rather NOT BE PAID than have them TAKE my earned vacation time from me when I'm sick.

Is it legal for them to do that?

Secondly, I was sick and OUT of vacation time, so I tried to work extra hours that week to make up for it. I worked 38 hours but they only paid me for 32 because they said since I didn't make up the ENTIRE 8 hours, they couldn't pay me for any of them..and I'M SALARIED!!! I don't see how that's legal.

We're now owned by a HUGE worldwide company, and at the start of the new year, I'm already having issues with them. The easiest solution is just not to take any sick days, but I've already had strep/sinusitis for two days and I just got over a stomach virus which cost two days, so I've already used four days so I'm worried my vacation will be STOLEN from me again this year!

Being sick is NOT a VACATION!

Thanks!
 


cbg

I'm a Northern Girl
You may not be able to see how it's legal, but it is.

They are not required to provide you with paid vacation at all - they get to decide how and when it is used.

If they provide a reasonable number of paid sick days, and 5 is considered reasonable, they are allowed to dock your pay for any days you miss for illness when you have used all the sick days available to you. While they cannot dock you for partial days unless you are on FMLA, there are a few instances in which an exempt employee (which is what I presume you mean by salaried) can be docked in full day increments, and this is one of them.
 

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