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

[wvannie]

What is the name of your state (only U.S. law)? West Virginia
I am the GM of a company. I work a minimum of 44 hrs a week. There is no contract. I am constantly told my hrs are 8-4 M-f. I have no problem working over, but I am also required to answer my phone 24/7, even when I'm out of town, and I do not recieve an allowance for my cell phone. Use my car and gas to go to the bank or pick up supplies for the company with no compensation. In the month of July I only had 2 days off, due to a new system being installed and worked 10 to 15 hr days that month. I have only taken 2 sick days this year and 2 days bereavement. The first sick day I was told not to come in and was not asked to make up my time. The second sick day I was asked if I would make up my time and work a saturday.....I still have not responed to that statement. I love my job and working over is not an issue for me....I thought when you worked salary you did not have to make up a sick day because you were expected to work over when needed...in short...I have already worked enough overtime for many sick days. I only get 1 week paid vaca and I can not take it a day at a time but must take it all at once, so I can not use a vaca day as a sick day. Is this legal? Thanks in advance.

 

[pattytx]

Sorry, no, you have a misconception or are misinformed. There is no prohibition against the employer requiring that you "make up a day" when you take a sick day, EVEN if you are a salaried exempt employee. The FLSA regulation regarding "salaried basis" has to do with pay and pay only, and does not address the situation you are questioning.

One kind of related question, however. Were you paid for your sick days?

 

[wvannie]

I don't have a misconception....I understand my salary is not about the hours worked, but the job I'm being paid for. What I'm not sure about is...if the law states that I am to recieve the same salary every pay period regardless of hours worked, then why would I be required to make up a sick day, and are there laws on sick days?

Yes I was paid for both sick days (the sick days were months apart) but was only asked to make up this last one.

I guess, I'm asking, can they make me work to make up the sick day.

Thank you.

 

[ecmst12]

Yes. If you were feeling better on Saturday and were still behind in work, then why wouldn't they be able to ask you (or even require you) to come in and work until you were caught up?

 

[pattytx]

then why would I be required to make up a sick day, and are there laws on sick days?

Because the law doesn't prohibit such a requirement. Which I said already.

 

[eerelations]

I'm a little concerned that someone at the GM level would be having complaints like this (not just the sick day make-up but also using terminology like "overtime" to describe her work hours, having to keep the cell phone awake 24/7 and working a whole 44 hours per week - yikes, I work 55+ hours per week and I'm just a lowly li'l director!). If our GM here started talking like this, I'd think there was something seriously amiss and I'd start watching him pretty darn closely.

OP, this stuff is not only normal at your level, but is in fact much more onerous for everyone else in senior management - you have it quite easy compared to their situations. Count yer blessings.

 

[wvannie]

I love my job. I work a minimum of 44 hrs a week. The hours are not the issue. I take pride in what I do and I am willing to put what ever hours necessary as needed. I have been with the company for 3 1/2 yrs. and I never miss work. I've never had to ask about sick time. On occasion I have put in a 17 hr day(and I'm sure it will happen again). Maybe I'm sounding bitter......not at all......I think more than anything my feelings are hurt. I put my job first, I even worked the day of my mothers funeral. I grew up in a family business and have owned my own business, I wish I could have found someone like me when I did. I just have never worked for a company where at this level, being a salaried expemt employee, that I would be asked to make up a sick day. If I am expected to be a perfect employee and consider the company in all aspects....what is the insentive if I need 2 sick days a year. I know this is not a perfect world and companies are watching their pocket book. Maybe I'm just taking this personal when thats not it at all. If I was not asked to make up the other sick day.....maybe I'm being made an example of. My character is....I'll just do it and let it go, but for future references, I just want to know the law. From what I have been able to find, the federal law states that employers are required to have a "reasonable number of sick days" for exempt employees. "reasonable" meaning "no less than 5 sick days". The sick day has come and passed....there is no work to make up.....so I basically would be coming in on a day when I can not contact venders or take care of business as usual....because their offices are closed. It would be a waste of time for me and the company. The time would be better served when we are swamped and I'm really needed....it just makes no sense to me. Thanks to all for your feedback.

 

[eerelations]

If your employer wants you to go into work on a weekend and do absolutely nothing for X hours, and for no extra pay, this is perfectly legal. If you refuse, your employer may fire you. And this would also be perfectly legal. Period.

 

[justalayman]

From what I have been able to find, the federal law states that employers are required to have a "reasonable number of sick days" for exempt employees. "reasonable" meaning "no less than 5 sick days".

where did you find anything of the sort? Allowing sick days is not a requirement. It only alters if your salary can be docked for the missed day due to illness.

Are you allowed any particular number of sick days?

 

[pattytx]

where did you find anything of the sort? Allowing sick days is not a requirement. It only alters if your salary can be docked for the missed day due to illness.

Agree with jal.

Also, is your vacation plan really a PTO (Paid Time Off) plan? Such plans are designed for both vacation AND sick days.

 

[wvannie]

No, I do not have PTO vaca time. I receive 1 week a year and I am not allowed to split it up, I must take it all at once....therefore I can't use a vaca day as a sick day.

The law requiring exempt employees a resonalble # of sick days.....I found on a website.....I copied the quote, but don't remember the name of the site. It was referring to docking pay for sick days. I'm just trying to clarify.....I can't be docked....but the law does require a company to provide sick days.....but they don't have to allow me to use them? I'm sooo confused.

Yes, I am working and making up my sick time. I just would rather make it up when I'm really needed to work. I think the state of West Virginia is one of the two states that have placed a limit on the amount of hours and exempt employee should work....still trying to find something on that.

I am looking at opening another business and with the changes in some of the laws as well as what I am experiencing......trying to figure out the pros and cons for both employer and employee.

Thanks

 

[eerelations]

There is no federal law about sick days. Period.
People are asking you where you got the information because they don't believe you found any such thing - again because it doesn't exist. If you can't tell us what you found, then you didn't find it. (One more time, because it doesn't exist.)

We're not saying you're lying, you may well have seen something, whatever thing it was though, it definitely wasn't a federal sick day law thing.

 

[pattytx]

The web site is wrong. There is no state in this country (nor at the federal level) which requires the employer to provide sick days.

Now, since they do NOT, then you, as a salaried exempt employee, must be paid for any full days you miss because of illness or injury.
https://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

However, this refers to pay and to pay ONLY. It does not preclude the employer from requiring that you make up the time.

 

[justalayman]

no, they do not have to allot sick days. I believe you are misunderstanding what you read.

To limits on required hours; I can find nothing. This is from the state of WV. It is 6 years old so it may not be up to date but it says nothing about hour limitations for anybody over 16 years of age.

http://www.state.wv.us/admin/personnel/emprel/toolbox/flsatoolbox.pdf

 

[wvannie]

Okay.....if someone told me they read about a law I hadn't heard of and couldn't remember where they read it.....I'd question that too....lol.....so here is where I read it EXPERTLAW.COM, the post is titled "laws to protect salay employees". It is possible that I am not understanding what I read....hence me asking for clarity. I am truely trying to educate myself on this, and I have read so many things trying to narrow it all down to simple layman terms can be confusing.

So, let me see if I have this right? As a salaried employee, you can be asked to work an unlimited amount of hours per day 7 days a week. 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. They do have to pay you if you come to work and only work one hour that day....but if you can be required to work 7 days a week....why would it matter. Please correct me if I'm wrong, because at this point I'm failing to see any advantage for the employee.

Thanks.