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Salaried employees and docked pay

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above82

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

Can a salaried employee be docked any days pay if they call in stating they wont be coming to work? I have read somewhere that if you are on salary you still get paid full salary as long as you have worked so many hours.

thank you
 


cbg

I'm a Northern Girl
Salaried is only a pay method and means nothing in and of itself. What matters is if you are exempt or non-exempt.

If you are non-exempt, then with limited exceptions you have no legal expectation of being paid when you do not work.

If you are exempt, your salary can legally be docked in the following situations, and ONLY in the following situations:

1.) It is the first or last week of employment and you do not work the entire week.

2.) Your absence is attributable to FMLA

3.) Your employer offers a reasonable number of paid sick days; you call in sick at a time when you either are not yet eligible for any or you have used all the days you are eligible for

4.) You voluntarily take a day off for personal reasons

5.) You are suspended for a major safety violation

6.) You are suspended for the violation of a written company policy which applies to all employees and which relates to workplace conduct (sexual harassment, workplace violence, drugs/alcohol in the workplace, etc.)

For reasons 1 & 2 you can be docked in either full or partial day increments, whichever is applicable. For reasons 3-6 you can only be docked in full day increments. In all six scenarios, you can be required to use vacation, sick, personal, PTO, or any other paid leave whether you want to or not.

So the answer to your question depends on whether you are exempt or non-exempt, and the reason you are not coming in.
 

above82

Member
not sure if im exempt or not...how do I know..also I would call in to either take care of my sick baby or have a personal appointment such as a doctor or other appointment and would call in with notice.
 

cbg

I'm a Northern Girl
Your job duties determine whether or not you are exempt. However, either of the reasons you post could easily fall under either #2 or #4. Or both.
 

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