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Salary "Exempt" employee yet have to take 1 hour for sick appt

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bfvmg1

Junior Member
What is the name of your state (only U.S. law)? CO
So I work for a large company. I am an Exempt, Salary employee, so when I work more then 40 hours, they shrug and say "thats your job".

However, when I need to take an hour or 3 for a dr Appt, or some pother reason, they charge me sick or vacation leave becasue I didnt work 40- hours that week.

It seems like the company "wants their cake and eat it too..."

Thoughts?
 


eerelations

Senior Member
It's perfectly legal to apply vacation and sick time to your time off. As long as you're paid for the time off, the DOL doesn't care what pot the money comes from.

(This is not a "thought" this is a fact.)
 

cbg

I'm a Northern Girl
Quite common and quite legal. What do you imagine your sick time is for?
 

HC1432

Member
Assuming you are correctly classified by your employer as an Exempt employee under FLSA, this is absolutely legal and you would even probably find it difficult to find others who would agree with you that it is a particularly unfair practice. When you work in your job as an exempt employee you are not entitled to additional payments beyond what was established for your salary, regardless of the method (hourly, daily, annual, etc). It does not matter how many hours you worked.

The paid time off that you are granted, on the other hand, can be viewed as the limit that your employer has provided for time that can be spent away from the job without resulting in a dock in pay. While some employers may provide more of these paid leave benefits than others, most are able to maintain a reasonable balance between additional time beyond the base schedule needed from you on the job and the time off balance that can be used to continue to be paid when you are not at the job (vacation, sick leave, PTO, etc.). If you do not agree that your employer's practice in this regard is reasonable, that may be something you can discuss with management but ultimately they are doing nothing illegal.
 

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