Vacation/Sick time

[skmcopus]

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

Non-union employee who's regularly scheduled hours are 8 hours a day, 40 hours per week.

Employee works 9.0 hours on Monday, 8.5 hours on Tuesday, 8.5 hours on Wednesday and is sick Thursday and Friday. They have banked sick time to use.

Time was recorded as 26 hours of regular time and 16 hours of sick time for a total of 42 hours in the week.

Employer wants to change it to 14 hours of sick time and 26 hours of regular time for a total of 40 hours in the week.

Is this legal? Isn't the employer changing the time as it really is? The employee was sick for 16 hours not 14.

Please explain.

 

[JETX]

Is this legal?

Simple answer... Yes.

 

[pattytx]

It is not all that uncommon for employers to limit workers to 40 hours of PAY when they are off sick for a portion of the week. All the law cares about, for a nonexempt employee, is that the employee is paid for all hours worked. Any sick pay is just additional pay for time NOT worked that is not required by law.

So that's the legal support for Jetx' "simple answer".

 

[cbg]

The employee is entitled, by law, to 26 hours of pay. Anything beyond that is gravy.

I suspect the employee is hoping that if they are entitled to the full 16 hours of sick time (which they are not, by law) that they will then be also entitled to two hours of overtime. If so, they are mistaken.

 

[pattytx]

Anything beyond that is gravy.

May I have that gravy with sausage in it on a couple of biscuits, please?