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I was out for 4 days one week this pay period and my employer is deducting those days from my salary. They said it is because I did not have enough time on my job but we do not have sick benefits here so I am not sure what that was about. Is that even legal if I am on a salary??

2007-07-31 05:28:37 · 14 answers · asked by jackandjenninaz 2 in Business & Finance Taxes United States

14 answers

Yes it's legal - you didn't work those days, so unless you have sick days available to you, you aren't going to get paid for them.

And don't be too hearted by Heather's answer above - she's totally off base.

2007-07-31 07:24:32 · answer #1 · answered by Judy 7 · 1 1

Ok,,,I know about this!!!
Take a look at your employee handbook first...
Does it stay that you need to be certain amount of day in the payroll before you can collect SICK DAYS???
next...if you are in Salary...meaning..You get paid the same everyweek, They can deduct days off based on 40 hours a week.
As an executive...it is normal to accumulate sickday at a rate of 1.5 day per month...But check your employee handbook or your H.R. representative..Now..if you company is just owned by a single owner, they can make any rule they want....but It must be explain to you in writting when you took that job. Check your application, and any other paper you sign on your new hire package...
If you took the job and did not sign anything like that....you are S.O.L because you took it as is.

2007-07-31 05:36:16 · answer #2 · answered by Burt 7 · 2 1

I am on salary in my job, but if I work less than 40 hours in a week, I either have to use personal time, vacation time or make it up the following week. Your job may be similar then. And, yes, it is legal.

2007-07-31 05:46:12 · answer #3 · answered by Anonymous · 0 1

How long have you been on your job? It sounds like you just started before your sick days kicked in. Go back and look at your employee handbook and double check when your benefits start.

It really depends on the employer, some benefits start immediately and others don't begin until after your probationary period (30 - 90 days).

2007-07-31 05:35:44 · answer #4 · answered by eniles21 3 · 2 1

certain states allow deductions from salaries up to a certain salary range... good news though.. certain states also allow overtime payment to salaried employees up to a certain salary range. This is not known to many people. I for one work at a place years without knowing that they should have been paying me overtime. When we finally switched divisions this was pointed out. Salaried people who made over a certain amount was exempt, but us peons was supposed to be payed overtime, unfortunately we were also supposed to be deducted for time missed if we didn't have vacation/sick leave to cover it.

2007-07-31 05:33:52 · answer #5 · answered by tan0301 5 · 0 1

You don't have sick benefits? Doesn't that answer your own question?

Look, good rule of thumb to follow throughout life-- an employer can basically do anything they want if you're willing to stand for it and if he doesn't want you there, he'll get rid of you one way or another. Don't waste your time and energy wondering how to get around that and what's "legal" and "not legal". Just be as self-sufficient as you can and do what you have to be able to tell a boss to go screw himself if you know you're getting a bad deal.

2007-07-31 05:46:33 · answer #6 · answered by Anonymous · 0 1

It's unusual but not illegal.
Ask for a handbook or for your boss to show you in the handbook the section that details the salary agreement.
It's quite possible you have to put in so much time before you are eligible for the paid time off. Each company has some flexibility to choose their own policies. Just make sure your boss is following policy & not singling you out.

2007-07-31 05:35:40 · answer #7 · answered by IDKthat 4 · 4 1

if you handed him that doctor well before you got handed your wages there should be no deduction (presuming you have some sick/paid leave days left ) he/she may add on the extra on your next check best ask collueges and friends

2016-05-18 23:30:46 · answer #8 · answered by ? 3 · 0 0

If you are not paid for sick time as specified by your employer, yes you can get docked for being out sick.

2007-07-31 05:31:41 · answer #9 · answered by rogelio10461 1 · 3 1

It is legal since they are not paying you to be sick.

2007-07-31 05:30:59 · answer #10 · answered by Anonymous · 3 1

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