sick days and salary

[cookielou]

What is the name of your state (only U.S. law)? Indiana

I am an office manager of a small company. I am paid salary. I missed all of last week due to illness. I had to go to the doctor twice. I did go into work one day for a few hours but left due to illness and went strait to the doctor.

I have been looking online researching if I will get paid or not but get confused with all the exempt and non exempt stuff. as well as Indiana having different laws than some other states.

So my question is...
Can they not pay me for sick days even if I am salary? Do I get paid the same if I work 40 hrs, 75hrs or 1hr???

Thanks for your time and I will provide any additional information if needed

 

[cbg]

Salaried is only a pay method and has no meaning of its own. What matters is whether you are exempt or non-exempt. Not all exempt employees are salaried; not all salaried employees are exempt. Indiana's laws in this regard are no different than most states, or than Federal law.

If you are salaried non-exempt, there are no circumstances under which your employer is required by law to pay you when you do not work.

If you are salaried exempt, it becomes a little more complicated. You must be paid for the time you were in the office. If FMLA applies, you only need to be paid for the time you were actually present. If FMLA does not apply, you must be paid for the entire day.

Still presuming you are exempt, for the days that you did not go in at all, it matters whether FMLA applies. If FMLA applies, you need not be paid at all for any day you did no work. If FMLA does not apply, then whether you must be paid or not depends on whether your employer offers a reasonable number of paid sick days, whether you are yet eligible for them, and how many days you are eligible for.

We do not have anywhere near enough information to say whether you are exempt or non-exempt, or whether FMLA applies.

I don't have time to add any more now; if no one else does I'll add the qualifying information later this evening.

 

[cookielou]

My best guess looking at the exempt non exempt tests is that I would qualify as exempt. However I do not know if FMLA applies. My employee offers NO sick days or PTO. Only paid vacation time. I'll find out Friday weather they will pay or not but just trying to get a heads up if they do it different than they are required to do. Again, thanks for the help.

*possibly I am non exempt? I get paid a salary but there is no clocking in to keep track of hours if that matter at all?

 

[cbg]

It is your job duties that determine whether you are exempt or non-exempt.

As for FMLA, it applies when ALL of the following are true:

1.) You have worked for this employer for a minimum of 12 months
2.) This employer has a minimum of 50 employees within 75 miles of your location
3.) In the 12 months immediately preceding your medical leave, you worked a minimum of 1,250 hours
4.) You (or a qualified dependent/beneficiary) had a serious health condition as defined by the FMLA statute.

http://www.dol.gov/whd/regs/compliance/1421.htm