Forced Time Off

[Vycor]

NY State

I'm a salary employee granted a week of vacation and a week of sick/personal time.

After a disagreement my boss sent me home and stated that he is forcing me to take time off, which will be UNPAID. He will not allow me to use my vacation/sick time against this. To date, I have only used 1 sick day.

Can my employer force me to take time off that is not paid, if I have vacation/sick time left?

 

[pattytx]

By "salary" do you mean exempt? They aren't the same thing.

 

[Vycor]

Well im paid a salary. If i work 2 hours extra everyday (10 hours total a week) im not paid for that time, as im paid a set salary, not paid an hourly wage or paid overtime.

I get health insurance and vacation time as part of my agreement.

Im aware my boss can force me to use my vacation time, but can he tell me im not coming in to work this week, and im not being paid. Nor am i allowed to use my vacation time?

Basically he wants an apology before i come back to work, and refuses to pay me as its "forced time off" without pay. Yet I have the vacation time.

 

[cbg]

IF AND ONLY IF you are an EXEMPT employee (which is NOT the same as salaried) AND you are out for less than a full work week, you must be paid for the week, whether with vacation time or not.

If you are a non-exempt employee, OR you are out for a full work week, then yes, he can force you to take unpaid time even if you have a YEAR'S worth of vacation time.

 

[Vycor]

What is an excempt employee??? How would i know which i am? Im only going to be out 3 days (Wed/Thurs/Fri)

 

[Zigner]

Apologize to the man.

 

[cbg]

It is your job duties that determine if you are exempt.

 

[Vycor]

Apologize to the man.

Thanks but im looking for more of a legal supporting answer then an opinion.

 

[Vycor]

It is your job duties that determine if you are exempt.

Any ideas what would make one excempt?

I'm an IT Director. I manage another employee and I install/maintain computer networks. I troubleshoot systems as well both on site and in the office. Im basically the most important person in the office when it comes to technical support and systems management (outside of the boss, nobody else knows what i know)

 

[Zigner]

Thanks but im looking for more of a legal supporting answer then an opinion.

Don't be an idiot. The man can fire you for insubordination. Apologize to the man.

 

[Zigner]

Im basically the most important person in the office when it comes to technical support and systems management (outside of the boss, nobody else knows what i know)

NOBODY is irreplaceable.

 

[pattytx]

It wasn't an opinion.

If you're not getting paid overtime no matter how many hours you work, your employer is treating you as an exempt employee.
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf

In that case, your pay cannot be docked for a partial day's absence occasioned by the employer, although they could require that you use PTO time to substitute. Also, unpaid suspensions can be legal for exempt employees, depending on the type of violation for which the suspension is made. How long is the suspension for?
29CFR541.602 - Salary basis.

 

[Vycor]

Thanks patty, thats what i figured. I didnt mean YOU were giving me opinions, the guy that started talking about "apologizing" did... its not a matter of being "fired" its more of a "game" between my boss and me about "who has the last word" we're both trying to "up" each other in this argument so the other gets the "last word" Its complicated, not worried about losing my job.

Basically im not given overtime, even if i work the overtime, because its part of my job description. And since im a manager i fall into that exempt category, which means he cant NOT pay me. Basically seems like hes gonna pay me or use my vacation time (making this FORCED vacation time use, which he can do from what i read)

Thanks for the input.

Suspension is till i "apologize" and talk to the boss basically, no set time

 

[cbg]

I've got news for you. In this instance, if the boss does not win it's going to be because he chooses not to. He can leave you on suspension for as long as he chooses to, and he only has to pay you for any partial weeks you are off, which CAN be out of your vacation whether you want it to be or not. If you are out for a full week at any time, then it doesn't matter one whit how much vacation time you have, he does NOT have to allow you to use it. Any full weeks you are out, can be unpaid; exempt, non-exempt, full time, part time, salaried, paid by the hour.

No one is irreplaceable, particularly in this economy when there are plenty of very well qualified people looking for work. He could, if he chose to, replace you tomorrow. If you win this "game" it will be solely because he allows you to win. Legally he holds 100% of the cards.

 

[pattytx]

(5) Deductions from pay of exempt employees may be made for unpaid disciplinary suspensions of one or more full days imposed in good faith for infractions of workplace conduct rules. Such suspensions must be
imposed pursuant to a written policy applicable to all employees. Thus,
for example, an employer may suspend an exempt employee without pay for
three days for violating a generally applicable written policy
prohibiting sexual harassment. Similarly, an employer may suspend an
exempt employee without pay for twelve days for violating a generally
applicable written policy prohibiting workplace violence.

(emphasis mine)

This was in the link to the FLSA regulation I provided earlier. UNPAID suspensions of full days for something like refusing to apologize for some statement would NOT appear to meet this restriction.