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compensation for exempted employee

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Junior Member
What is the name of your state?

I am an exempted employee working as a therapist at a residential treatment center. When I was hired I was offered an annual salary. For the first 90 or so days of my employment my paystub indicated I was paid an hourly amount. Despite the fact that my hours varied (always over 80 in a two week time period), my pay was always the same.

During that period of time, my grandfather passed away and I requested paid time off. Despite the fact that my pay stub indicated that I had hours earned available, that request was denied due to the fact I had been employed for less than 90 days. My pay was docked approximately 1 1/2 days.

Recently I was off work for two days. I worked 30.5 hours that week (our facility requires all employees utilize the time clock) I requested that 9.5 hours of my earned time off be used and that request was approved in writing, by my supervisor as well as our Executive Director. Despite the fact that I have a written approval, I was charged 16 hours of earned time off due to a policy stating time off must be taken in 8 hour increments. Apparently the Executive Director, who has the ability to approve or deny, was unaware of the policy and when he found out about it later, he reniged on his approval.

So, at the risk of sounding like a crybaby, is any of the above illegal? During the time period that my pay stub indicated an hourly amount, do they owe me for overtime? Is it OK for 16 hours to be charged against me despite the written approval for 9.5?


Senior Member
As an exempt employee, you are never legally entitled to any more than your weekly salary, so no overtime need be paid. Re: the charging of time off, the employer is allowed to set their policy as to require full days off be charged and other conditions; i.e., there is no legal prohibition against it.

So, from the details provided, I don't see any legal recourse.


Junior Member
What about the fact that I was docked during my absence for the funeral despite the fact that I had earned time off available? Also, what about the fact that taking 9.5 hours was approved and that I have it in writing?


I'm a Northern Girl
They are not required to provide you with any paid time off for a funeral, regardless of whether you have earned time or not. While I think it is foolish of them not to use the earned time for the time you were off, they are not required to do so by law.

There is also nothing illegal about their requiring that you take vacation time in full day increments. You can try showing the agreement you have to a local attorney to see if there is any state or local regulation that might support you, but the employer, not you, decides on the rules for taking time off.


Senior Member
Re docking of pay, they can only dock an exempt employee's pay in full day increments anyway (unless intermittent FMLA applies, which it would not in this case).

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