Salary employee....forced to make up a sick day?

[justalayman]

Please correct me if I'm wrong, because at this point I'm failing to see any advantage for the employee.

Thanks.

I see the problem; who ever told you there was a benefit for the employee?

putting a person on salary is a business decision. Businesses make decisions based on financial outcome. It is beneficial for a business to not to have to pay a person any more for working 20 hours or 150 hours.

As a salaried employee, you can be asked to work an unlimited amount of hours per day 7 days a week.

You can be required to work an unlimited amount of hours.

They can not dock you for a sick day unless they offer a reasonable amount of sick days...according to the federal laws reasonable meaning not less than 5.....but they do not have to offer sick days

correct

.

They do have to pay you if you come to work and only work one hour that day

generally speaking, yes but there are exceptions.

.but if you can be required to work 7 days a week.

Now you're getting it.

 

[wvannie]

Geeezzzzz, it's taken me 2 days and numerous websites to find out....as long as I'm salary....they own me....lol.

 

[justalayman]

Geeezzzzz, it's taken me 2 days and numerous websites to find out....as long as I'm salary....they own me....lol.

oh, they own the non-salary folks too. They just have to pay them extra when they work more hours. Just about everything else is the same though.

 

[cbg]

The law does NOT say that the employer is required to provide "a reasonable number of sick days".

What the law says is that if the employer does not provide a reasonable number of sick days, then the employer cannot dock the employee's pay for time missed due to illness. That is NOT the same thing, and it does not in any way address "making up a sick day".

 

[pattytx]

You need to stop thinking of it as "salaried" and think about it as "exempt". There are limited situations in which a salaried exempt employee can be docked pay, and I've already given you the link a whole bunch of posts ago. Post #13, to be exact.

 

[wvannie]

I understand the wording on 5 resonable sick days.....I just may not have conveyed it correctly. I really appreciate everyones help....Thank you!

 

[eerelations]

I understand the wording on 5 resonable sick days...

No you don't!!!

How many times have we told you THERE IS NO SUCH LAW!!!

Esteemed colleagues, this person is lying. There is absolutely no way she's a GM - she can't read, she can't spell, she complains about the most infinitesimal issues, and she has no knowledge or understanding of the basics of employment law (a must for management positions).

 

[cbg]

To start with, the actual law does not specify five days - the statute does not define what is reasonable. Courts have determined that five days is generally reasonable but there is no particular number of days specified in the statute.

And if your interpretation of the statute is that an employer is required by law to provide any specific number of sick days, your interpretation is wrong.

I post on Expertlaw too, and so does Patty and so does JAL and I think eerelations. You never saw anything on that board that said there is a law that employers are required by law to provide five sick days. If you think you did, you misinterpreted what you read.

 

[wvannie]

First of all.....I don't understand you insisting on degrading me for trying to make sure I have the facts straight. I have made it clear.....I am trying to educate myself on the issue of being an exempt employee. I also believe I made it clear I may not have conveyed myself clearly when trying to understand the issue of the federal government stating that you could not deduct a sick day from an exempt employee unless you offered a reasonable number of sick days....and the federal government states that 5 days is reasonable. I understand that the government and labor board do not care about vacation or sick days only that you recieve the same amount of monies if you are an exempt employee. So I hope by continuing to degrade me for trying to make sure I have all the facts straight (since I have never had to address this issue before)**************that you have your fix for the day and that I could be of help to you.

Thank you!

 

[pattytx]

We give up.

 

[eerelations]

...since I have never had to address this issue before...Thank you!

You're welcome!

Just as an FYI, the vast majority of people at the GM level have had to address this issue (and similar issues) many many many many times, long before they became even remotely qualified to be GMs. You saying that you're a GM now and yet somehow have never had to address this issue before simply doesn't make sense.

 

[cbg]

No one is degrading you. We are attempting to correct your very clear misinterpretation of the law.

However, since you have decided that you know the answers and refuse to accept the clarification you say you want but are refusing to acknowledge, I don't see any point in continuing this discussion. You are free to continue with your erroneous belief that the Federal government dictates five paid sick days.

 

[wvannie]

cbg.....if you read my earlier statment, I thought I clarified that I now understand that there is no law on sick or vacation time. But that what I had read was pretaining to docking an exempt employee for sick days. You guys have made that very clear to me. Evidently, I didn't project to you guys, that I did get it. I am very thankful for all the info.

 

[cbg]

So, you are now agreeing that:

1.) There are no laws at either Federal or state level dictating that vacation or sick days be provided to either exempt or non-exempt employees?

2.) That the statute that determines when an exempt employee may and may not be docked, does not specify how many days is considered reasonable and that any definition has been set by the courts, not by the Federal government?

3.) That no law at either the Federal or state level prohibits an employer from requiring either an exempt or non-exempt employee from "making up" time?

You are agreeing that this is the case?

 

[wvannie]

BINGO! Yes I concur! I've been trying to say that from the top of the second page of this post......whew.....no wonder I was being berated.