I have worked at my job for 7 months. It is a very small company with only 5 employees. A couple weeks ago my boss told me that we get December 24th and 25th off work and December 31st and January 1st off for the holidays. I had already checked the employee manual and had noticed those days were listed as paid holidays, so he wasn't telling me anything new. (By the way, I'm salaried) I have excellent attendance, but I did call in sick to work this past Thursday (horrible sinus infection). As we were all leaving work last night, my boss stopped me and told me that I need to report to work on Monday (Christmas eve) since I missed work Thursday. He's not making anyone else come in, just me! I'm not behind on my work, so it's not because I need to catch up. He's just punishing me. Since this day is listed as a paid holiday in the employee handbook, isn't he breaking the law? He is NOT planning on paying me time and a half. Could he fire me if I don't come in? (I'm in Indiana)
2007-12-22 03:27:39 · 9 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Law & Legal
My ignorance for the law is quite extensive, so I will no be able to provide anything other than the policy that is in place where I work. I work at one of the "100 Best Places To Work for the last 8 years and we too are closed for Christmas. We get that day off paid to us as a holiday bonus of 8 hours, however, if an associate calls out of work sick, the day before, or the day after the holiday, we are not awarded the 8 hour holiday bonus. We are paid for the sick day though. Now their reasoning for it, is that we get paid for that sick day (another one of the many bonuses we are given,) and it trumps the holiday bonus. That probably won't help you, but here are my thoughts on the question that you asked. If it were me, and I needed to work because I couldn't afford to miss a day of work, I would go in and make up the time I missed. Unless you are absolutely positive that this is being done to you as a form of punishment and in any way vindictive, then it is really just a moral issue. My question to you is, how bad do you need this job? Choose what your instinct is telling you. Hope all ends well for you sweetie.
2007-12-22 03:54:14 · answer #1 · answered by ? 6 · 1⤊ 0⤋
Since you are salaried you are not handled the same as a hourly employee. However, Christmas Eve is not a federal holiday so even if you were hourly you would not be entitled to time and a half.
As to if he can make you work. Unless you have some "comp" or sick time that you used for that Thursday, then you must make up for lost time. If you don't report to work he could just decide to dock your pay, or he could fire you. If you want or need Christmas Eve off see if you can make up this time at another time such as on some Saturday.
2007-12-22 03:43:52 · answer #2 · answered by OC1999 7 · 0⤊ 1⤋
Be a sport, go to work. If you have special plans, ask if you can compromise and work half a day.
At my job, you only get paid for the paid holidays if you work all of the days scheduled around them. Calling in sick the week before (did you take him the doctor's bill?) will always *look* like you got time off to go Christmas shopping.
Arguing will always make you look bad.
2007-12-22 03:49:51 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If it is a paid holiday I would assume the company is closed so how can he say you have to come in? You would be the only person there! I don't think he can do that but he sounds like a rather unreasonable boss to even suggest it so it is possible he will fire you. Check with your local employment laws and see if this is something he can do.
2007-12-22 03:36:38 · answer #4 · answered by Bears Mom 7 · 0⤊ 0⤋
Depends on the work contract you signed when you were hired. I know my employer won't pay a "paid" holiday if you don't work the day before AND after. When my wife was dying of cancer & we had to go to ER & she was admitted on Christmas Eve...I didn't get paid for Christmas so, employers can be ruthless whenever they want. If you have time, check with an ACLU rep or state employment rep. You might want to go in anyway, sounds like there might be sexual harassment in the wind here (just you & I assume a him?) and if there is, you can nail him on that but, be careful when you are alone with him and don't even dress close to cute.
Check all of your "employment conditions & circumstances" in the handbook and in the contract you signed when he hired you.
Depending on how much you need the job you may just have to bite the bullet or tell him to piss off.
Hope it works out for you...
2007-12-22 11:58:08 · answer #5 · answered by SainTtothEeVE 4 · 0⤊ 1⤋
Not breaking any fed law as salaried employ its a statment if you come to make up time as far holiday pay salaried employees arent on that schedule, based on 40 (Work) week you have follow company rules! but should be paid holiday + regular pay! so only way check is wait for pay check? then ask questions?
2007-12-22 03:49:15 · answer #6 · answered by ? 7 · 0⤊ 0⤋
Sorry, u said u are salaried.
smile, u get to work when they say with out overtime. enjoy.
as for fire u = yes.
all job are a mutual agreement to employ and can be terminated at each others choice. so enjoy Monday.
if u need to contact the state employment office , do so But expect issues from ur boss. after wards.
reality check.
2007-12-22 03:38:35 · answer #7 · answered by Anonymous · 1⤊ 0⤋
No, because you are on salary, he is telling you that he doesn't plan on paying you for the sick day that you missed.
Yes, he can fire you if you don't come on.
2007-12-23 00:02:45 · answer #8 · answered by Expert8675309 7 · 0⤊ 1⤋
legally, no. there has to be stipulations. In Indianna jobs are not so easy ... do you want to keep your job. Be practical
2007-12-24 02:44:26 · answer #9 · answered by newenglandseers.com 4 · 0⤊ 0⤋