Salaried deduction from pay for being sick
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Situation:
1. Salaried employee ( exempt ) was sick on Monday
2. Company does NOT have sick pay policy for anyone at all
3. This employee not eligible for vacation yet - been here 10 months
4. This employee worked Tues, Weds and is here today on Thursday
5. Factory owner wants to dock employee one day's pay
6. Factory is in California
Can we dock the pay for one day's pay ?
1. Salaried employee ( exempt ) was sick on Monday
2. Company does NOT have sick pay policy for anyone at all
3. This employee not eligible for vacation yet - been here 10 months
4. This employee worked Tues, Weds and is here today on Thursday
5. Factory owner wants to dock employee one day's pay
6. Factory is in California
Can we dock the pay for one day's pay ?
Comments
In your case, in CA .... you know you can't do it, he knows it can't be done, but he had to ask the question anyway. Give him a lesson in his company's discipline procedures and when & how to use them.
[p]The employee must be paid a full week's salary for each week in which work is performed, regardless of the hours actually worked. The Department of Labor regulations allow employers to dock an exempt employee's pay only in LIMITED CIRCUMSTANCES. These include:
[p]1. Absences of a day or more for personal reasons, other than sickness or an accident
[p]2. Absences of a day or more for sickness or disability, if the employer has a plan, policy, or practice of compensating employees for wage loss due to sickness and disability, or if the employee is receiving other wage loss benefits (e.g., workers' compensation, disability insurance payments).
[p]3. Leave under the Family and Medical Leave Act
[p]4. Disciplinary pay reductions to penalize the employee for violating safety rules of major significance. (As a general rule, disciplinary pay reductions for anything other than major safety rule violations will destroy an employee's exempt status, thus requiring the employee to be eligible for overtime pay.