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Forced Sick or Personal time

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Junior Member
New York

If a SALARIED employee (admin/clerical) works 9AM-6PM 5 days per week(works through unpaid 1 hour lunch period daily), leaves work 1PM for the day ill (again after not taking lunch), can the company charge this employee with 5hours sick time as used for this event.

A: If the employee has NEVER been paid any salary, straight or overtime for excess hours worked beyond 40 per week, is it legal for the company to "dock" sick time for this event?
B: If in NY the company has the right to "dock", should it have been for 4 hours and not 5 (SINCE THE LUNCH HOUR NEVER TAKEN IS UNPAID TIME).


If you are salaried non-exempt then yes, they can dock your PTO account.

I agree that it should be for four hours only and that is best appealed internally at this point.


Senior Member
And, although you didn't ask this question, nonexempt employees must be paid for all hours worked in excess of 40 per week. If you are not, i.e. this was not a one-time working through lunch in order to decrease the amount of PTO you would have to use, you need to file a claim for unpaid overtime.

Not sure if this working through lunch happens during normal work days, but just thought I'd mention this.


I'm a Northern Girl
Actually, in NY (and also in almost all other states) even if you are salaried exempt your PTO time can be docked. Although I agree that it should be four hours and not five.

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