Get paid for what worked or deducted for what not worked?

[djohnson]

What is the name of your state?TN

OK here is my question. If you get paid salary, semi-monthly. Every pay amount is the same no matter how many days is in each pay period. If you have to be off for medical reasons with no pay (covered by fmla) do you deduct pay for the amount of days not there or get paid for days worked during that pay period? Is it (either way) the pay based on the hours in that pay period,or the standard 88 hours? It makes a difference if you figure being off 7 days in the 2/15 thru 2/28 pay period and the 3/1 thru 3/15 pay period.

 

[Beth3]

The FMLA does not require that FMLA time be paid. If an employer wishes to pay for FMLA time, they may do so.

There are a variety of legitimate ways an employer can convert a monthly or annual salary to an hourly or daily dollar figure in order to deduct for time not worked. You're going to have to ask your employer how they make that calculation.

 

[djohnson]

I understand that FMLA doesn't require pay. My question is, is there a standard when you are paid salary. If you make the exact same thing every pay period no matter if it's a 9 day period or a 12 day period. If you are off 7 days. How is salary figured. Ofcourse it is a major difference. The company states they use whatever is the smaller amount of days because it's easier to figure. Shouldn't there be a standard?

 

[Beth3]

Whether there should be a standard is irrelevant. The fact is there isn't one and there are a variety of perfectly legal methods your employer can use in calculating your hourly, daily, or weekly pay rate. Only your employer can tell you what method they're using to calculate the value of the 7 days of work you missed and make the deduction.

 

[djohnson]

The days haven't been missed yet. Surgery is scheduled for the 17th of this month that is mandatory. I just think that if you are salary and you miss 7 days then your pay should be the same as if you missed 7 days next month. But because this is a shorter month you lose three days pay. If you were basing it on days or hours worked, then that wouldn't be salary would it? Then you should benefit on the longer months but you don't.

 

[pattytx]

This is why I intensely dislike semi-monthly and monthly payrolls.

Many companies take the percentage of days worked to available days in the pay period and apply that percentage to your semi-monthly salary. This seems to be the fairest way and is acceptable under FLSA regulations.

"Docking" days in a pay period with 11 or 12 work days results in a lesser amount than paying the actual remaining days worked (with 7 days no pay, that means paying 4 or 5 days), while if the pay period has 10 work days, docking the days not worked results in a greater amount than paying for actual days worked. This is because there is an average of 10.875 days in a semi-monthly pay period (365 days - 104 weekend days divided by 24 pay periods). Using the percentage method is consistent across the board, regardless of the number of work days in the semi-monthly pay period.

 

[Beth3]

I give up.

 

[pattytx]

Beth, that's why you're HR and I'm Payroll!