Salary deductions

[rake143]

What is the name of your state? Michigan

I have been working for this company for over a year now and I am a salary employee. I recently asked to take a day off because of a medical issue with my father and was told that I might not qualify for a paid day off. They said that they didn't think I qualified for vacationa time and when I informed them that I did they said that they were trying to work it out so that they could deduct the days pay from my salary. Can they deduct a day from my salary if I qualify for the time off and I'm a salary employee?

 

[Beth3]

For this reason, yes they may. The Fair Labor Standards Act allows an exempt employee's pay to be docked in full day increments if they are absent for a full day for any of the following:

1. The week an employee begins or ends employment if that is less than a full week.
2. If the employee has exhausted a reasonable paid sick days benefit the employer provides and is again absent due to illness.
3. If the employee is absent for purely personal reasons (this would be your situation)
4. If the employee is suspended for a major safety violation.

Lastly, any time that is attributable to FMLA leave, including intermittent leave taken in less than full day increments, need not be paid.

 

[cbg]

Minor caveat, although it does not affect your situation.

Under the new regs that went into effect on August 23, reason #4 is no longer limited to safety violations. It can also be imposed for a disciplinary suspension due to infractions of workplace conduct rules. The policy in question must be a written policy and applicable to all employees. Examples; written policies regarding sexual harassment, workplace violence, drug or alcohol policies.

 

[rake143]

but per employee benefits I qualify for vacation, sick and personal days. does that make a difference?

 

[Beth3]

Not as far as the law is concerned - your employer may still deduct for the day if they wish to.

Since you've been there a year and now presumably qualify for some paid time off benefits, what you are describing makes little sense however. I don't know who you've been talking to at work about your situation but I suggest you try speaking to someone else (human resources? your area manager?) Why wouldn't they let you take a personal day or day of vacation to spend with your ill father??? Unless they wouldn't approve the time off AT ALL due to workload, granting you the day but without pay is just goofy. In any event, this is a matter between you and the company. It's not a legal issue.