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vacation/personal leave when salaried
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vacation/personal leave when salaried
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Have a question about my employer--I am the manager of a small pharmacy and am salaried. We just changed management and the new owners are trying to get all benefits lined up. With previous owners, no
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Forums » Topic Forums » Legal Forum » vacation/personal leave when salaried
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vacation/personal leave when salaried
posted at 5/13/2009 6:28 AM EDT
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Posts: 1
First: 5/13/2009 Last: 5/13/2009 |
Have a question about my employer--I am the manager of a small pharmacy and am salaried. We just changed management and the new owners are trying to get all benefits lined up. With previous owners, no sick time was alloted, due to me being salaried. Sick days, along with personal days were just included, with no assigned value, but I had a set 2 weeks of vacation. The new owners want to delegate a certain number of hours as personal, but they want to set that number to 27 hrs a year. I think that is too low, but don't know any comparison. Also, I recently missed a saturday work day of 3 hrs due to my husband's uncle funeral, and they took my vacation for that missed day. Are they allowed to do that? Just need some answers!! Thanks |
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vacation/personal leave when salaried
posted at 5/13/2009 6:49 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
Please note that these forums are intended for employers, not employees.
However, there really are no laws that mandate that an employer must give sick time, personal time or vacation. Employers are generally free to establish policies and amounts regarding such at their discretion. |
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vacation/personal leave when salaried
posted at 5/13/2009 6:57 AM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
What Nork said.
Your state law, employee handbook (if any) and company practice and precendents will dictate how this goes. If this is a stand alone, new entity that was set up to own this company or companies, you might not have much in the way of precedents or established practice. You might not even have a handbook. If so, you are stuck with relying solely on your states laws around such things. State laws are quite different one from the other. CA, MN, Wisc, FLA and a few others can be very employee friendly, while a few states, like Mississippi, TX can be employer friendly. Give them a call or do a web site search to find out what your state does. |
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vacation/personal leave when salaried
posted at 5/13/2009 9:13 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
You also need to figure out if you are exempt or non-exempt. Salary is just a pay method. Exempt is based on actual job duties. Most of the time a manager of a store would be exempt unless you are performing both management duties and non-management duties (more than 50% of the time).
It is very very possible that you are exempt from overtime, but that works in your favor as your employer can't dock your pay except in very few instances. They can however dock your vacation balances for time missed, but must keep your pay whole. But when you run out of a paid timeoff balance, they still have to pay full wages unless: (1) you were sick for a full day and had already run out of time in a bonafide sick plan (which has been interpretted as at least 5 days available) (2) you missed a full day due to personal reasons (not including sick days) (3) you were suspended for gross misconduct (4) you missed due to an FMLA-related reason (5) you missed a whole week of work for whatever reason That said, most employers get to chose how to administer paid timeoff based on their employer policies and interaction with FLSA exemption deductions. So if you are exempt, they could take a day of your vacation as long as they paid you for the whole day. |
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