salary wage

[Debbie76]

job title: office manager for physician's office owned by a hospital in the state of west virginia.

salary wage based on a 40 hour work week with accrued time that averages to about three weeks per year. all paid holidays, paid vacation time, and paid sick days (excluding long term illness) must come out of the three weeks accrued time.

I always work more than the 40 hours per week and understand that I'm salary but is it legal for my employer to make me use my accrued time for national holidays and sick days when in fact I do have clocked over time in each week that I don't get paid on?

 

[Beth3]

It's not possible to tell from your post whether you are appropriately classified as exempt. I've seen the title "office manager" used for postions that were little more than clerks, up through some pretty weighty managerial positions.

Assuming you are properly classified and by "accrued time" you mean some sort of comp time arrangement, then yes, it's lawful for your employer to debit your accrued time bank for time not worked. There is absolutely no requirement for an employer to offer accrued/comp time at all to exempt employees (and for non-exempt, it's not allowed.)

What would be unlawful is after your accrued time is exhaused for the employer to dock your pay for any time not worked due to a holiday or other office closed day. Whether that can be done for sick days depends upon whether the employer has a legitimate paid sick day plan that you have exhausted - the employer just using "accrued time" for sick days isn't enough.