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Can Salaried Teachers be docked?

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greyhounds

Junior Member
What is the name of your state (only U.S. law)?
I work in a private school located in Miami, FL. My question is can the teachers or other salaried employees be docked for being tardy or leaving early? Teachers and salaried employees are only given 5 sick days per school year, if their sick time is used up can their salary be docked? Our faculty handbook says that we are paid 3 weeks of vacation, but our school is closed during those 3 weeks. I always understood that when on salary we can not be docked unless we are out for a full day. :confused:
 


cbg

I'm a Northern Girl
Salaried is only a pay method and means nothing in and of itself. What matters if if you are exempt or non-exempt.

If you are non-exempt you have no legal expectation of being paid when you do not work, with VERY limited exceptions which do not apply here, unless you are being paid under the so-called "fluctuating work week method" which is rarely the case and I understand (though I may be mistaken) is not even legal in all states.

If you are exempt you can be docked in full day increments under certain limited circumstances; however, you can only be docked in partial day increments if it is the first or last week of work, or if FMLA is involved. However, please note that I am only talking about docking PAY. In all states except California and even sometimes in California, it is legal for an employer to dock an exempt employee's paid leave time (vacation, sick, personal, PTO, etc.) in either full or partial day increments, with or without the employee's permission.
 

greyhounds

Junior Member
Thanks for your reply. Just thought you should know that all of the teachers and some office employees are classified as exempt (salaried). The teachers are professionals so it's understood that their classification of exempt is correct, but the office staff is questionable since they have many job responsibilities, aside from the bookkeeping and data entry, registering new students, setting up appointments and ordering supplies. These exempt employees are not entitled to overtime pay. So, can they be docked if they have used all of their sick time for arriving to work late or leaving early?
 

cbg

I'm a Northern Girl
They can be docked pay, in full day increments only, if they have used all their sick time. They cannot have their pay docked for tardiness or for leaving early but they CAN be required to use vacation, sick, personal or other paid leave for that time.
 

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