salaried employee question

[Chasey_Lane]

I would bet your employer has a signed form in your file saying you read the employee handbook that contains all the leave and work time information. I hope for your sake that your mutual friend is not going to be your legal represenatation if you challenge your employers ruling.

And that employer's "booklet" is not above the law.

 

[awpitt]

Your company's rules on payroll are required to be published and clearly documented. I am willing to bet your handbook tells you exactly what to expect. I am also betting that you are going to be required to take "leave without pay" for the hours you are short. FYI... taking too much "LWOP" without authorization is grounds for dismissal.

I guessing this situation is related to a new born. In this case, wouldn’t lovinmaryland be protected from dismissal by the Family Medical Leave Act?

I ended up using all my time when i had my baby.

 

[awpitt]

Never got a hand book or anything so i guess its a little late they can make the rules now as they go correct. About two weeks ago they made it seem like i wasn't allowed to take anytime off if i didn't have any vacation/sick/personal leave.

FMLA allows you up to 12 weeks per year of time off (paid & unpaid) if this is related to the birth of a baby or caring for a sick family member.

 

[Pete]

I guessing this situation is related to a new born. In this case, wouldn’t lovinmaryland be protected from dismissal by the Family Medical Leave Act?

FMLA allows for prolonged "unpaid" absence due to family or personal medical conditions. Basically all it says is if you are out for 9 weeks for brain surgery, your job is still waiting for you when you get back, you cannot be fired but you don't get paid either.

 

[kwillia]

And that employer's "booklet" is not above the law.

It really depends on her position. Your case is not necessarily her case. I know for a fact that though I am considered "salaried", if I only work 6 hours today I only get paid for 6 hours unless I use 2 hours of leave.

 

[Chasey_Lane]

It really depends on her position. Your case is not necessarily her case. I know for a fact that though I am considered "salaried", if I only work 6 hours today I only get paid for 6 hours unless I use 2 hours of leave.

An employer's rule/guideline is not above labor law. Your employer is in violation if you are an "exempt" employer, which is sounds like you are.

 

[kwillia]

An employer's rule/guideline is not above labor law. Your employer is in violation if you are an "exempt" employer, which is sounds like you are.

I used to think like you and challenged it with a couple companies and in each case they were able to rattle off the loop hole that lets them get away with it. I can't remember the jargon used, but I do recall it having something to do with government contracting. All I know is she really needs to know where she stands legally before she makes assumptions that "salaried" means full pay even if she doesn't do full hours.... unless she doesn't really need the job.

 

[Chasey_Lane]

I used to think like you and challenged it with a couple companies and in each case they were able to rattle off the loop hole that lets them get away with it. I can't remember the jargon used, but I do recall it having something to do with government contracting. All I know is she really needs to know where she stands legally before she makes assumptions that "salaried" means full pay even if she doesn't do full hours.... unless she doesn't really need the job.

If you work 1/2 day, your client will only be charged 1/2 day. What your employer PAYS YOU and what they charge the GOVT can and will be based on different hours and amounts.

I'm looking at dol.gov now but I can't find any understandable reading.

 

[kwillia]

If you work 1/2 day, your client will only be charged 1/2 day. What your employer PAYS YOU and what they charge the GOVT can and will be based on different hours and amounts.

I'm looking at dol.gov now but I can't find any understandable reading.

I hear your words and it sounds like that's how it should work in theory, but it's not the reality. The company is not obligated to pay me for hours that I don't work. I can use accrued leave for those hours, but if I don't have any leave left, I have to complete my pay period by invoking "leave without pay". If it's an 80 our payperiod and I have 6 hours of leave without pay, I'm only going to get 74 hours of pay in my check.... and if the LWOP isn't preapproved or "blessed" you bet your bippy I'll also have a note in my personnel folder.

 

[Chasey_Lane]

I hear your words and it sounds like that's how it should work in theory, but it's not the reality. The company is not obligated to pay me for hours that I don't work. I can use accrued leave for those hours, but if I don't have any leave left, I have to complete my pay period by invoking "leave without pay". If it's an 80 our payperiod and I have 6 hours of leave without pay, I'm only going to get 74 hours of pay in my check.... and if the LWOP isn't preapproved or "blessed" you bet your bippy I'll also have a note in my personnel folder.

The only exception to what I have said is a full day not worked. Then the employer can force you to take leave or LWOP. They are still obligated to pay you even if you work 1 hour a day.

 

[kwillia]

The only exception to what I have said is a full day not worked. Then the employer can force you to take leave or LWOP. They are still obligated to pay you even if you work 1 hour a day.

They are only obligated to pay my for "payable" hours.... (I.e.: billable, sick leave, vacation leave, overhead) but not for unpayable hours hence the name "leave without pay".

 

[lovinmaryland]

You aren't giving enough info for anyone to help you come to the conclusion of whether you are taking advantage of the company or whether the company is taking advantage of you.

Well to make a long story short.... Before i had my baby i told my boss i was taking time off for the FMLA, he got flustered and told me that he did not have to give me that time because he only had x # of employees blah blah blah... well i really couldn't afford to take all that time anyway so i only took 2 weeks personal leave which left me with 1 week still available.

Between then and now i have taken a day or two here and there for my kids being sick or dr.s appointments etc... so that week has dwindled to 3 days left. I was just wondering what would happen if since i am salaried and i used the rest of my personal leave and one of my kids or myself needed to go to a dr.s appointment could he dock my check for the time missed if it wasn't a full day.

 

[czygvtwkr]

Well it sounds like you are both being unreasonable.

What did your boss want you to do have the baby on your lunch hour and then return to work?

It also sounds like you want something for nothing. There is a reason you get X amount of leave a year and you are trying to make it X+ with the excuse that your on salary.

 

[lovinmaryland]

Well it sounds like you are both being unreasonable.

What did your boss want you to do have the baby on your lunch hour and then return to work?

It also sounds like you want something for nothing. There is a reason you get X amount of leave a year and you are trying to make it X+ with the excuse that your on salary.

Fair statement... yes i guess i am being unreasonable in a way. But at this point i still have personal leave to take but was just wondering if i used it all could i be docked pay for taking an hour so off for dr.s appointments.

I know the labor/employment laws out here in Md. are a lot different than from where i was from in San Diego. I could not be docked pay in California for missing any time that was not over 1 full day.

 

[Lugnut]

Sounds like you work for a small company?

There are some laws that small companies are exempt from or that have modifications based on the size of the company. That aside, any company/supervisor that takes a hard line attitude with a new mother probably isn't worth working for.

 

[MMDad]

Google FLSA. It explains exempt and non exempt quite well going all the way back to 1939 when it was written.

From dol.gov:

Personal Leave

The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as personal leave, vacations, sick leave, or federal or other holidays. These benefits are generally a matter of agreement between an employer and an employee (or the employee's representative).

 

[Pete]

From dol.gov:

From this thread, first page.

http://forums.somd.com/showpost.php?p=2204782&postcount=10

 

[lovinmaryland]

Division of Labor and Industry

The Maryland Guide to Wage Payment and Employment Standards -
Overtime - Salaried Employees: No Overtime


Salaried employees, who fit the description of "Executive", "Administrative" or "Professional", are generally exempt under the law from receiving overtime, regardless of the number of hours they are required to work in a week. Some employers, in attempting to avoid paying overtime, make the decision to pay a salary to workers who do not fit the definition of Executive, Administrative or Professional. This practice does not eliminate the obligation of an employer to pay overtime based on a mathematical calculation of the employee's average hourly wage to employees who are otherwise eligible.

For Executive, Administrative and Professional employees receiving salaries, an employer may not generally deduct or "dock" from wages any amount of time for missed work which is less than a full day. Doing so may remove the employee from the "exempt" status under the Wage and Hour Law, and entitle him or her to overtime pay after 40 hours. An employer may, however, deduct any of the hours of missed work from an employee's accrued leave reserves (e.g., vacation, sick leave, compensatory time, etc.) without jeopardizing the exempt status.



I found this but it doesn't say if it applies to all businesses/companies

 

[Tinkerbell]

Companies with less than 50 employees are not required to adhere to FMLA laws. In fact, they don't even have to have a FMLA policy of any sort.

Also, remember that Maryland is an At-Will state -- you can quit, or they can fire you, with absolutely no reason provided -- at their (or your) will. So, if your company doesn't want to pay you for not working a couple of hours without using leave, unless you can find an ironclad law somewhere (which I doubt), you better agree - or they can just can you and say they just didn't need you anymore. No further firing explanation will be necessary on thier end.

 

[barncat]

Division of Labor and Industry

The Maryland Guide to Wage Payment and Employment Standards -
Overtime - Salaried Employees: No Overtime

For Executive, Administrative and Professional employees receiving salaries, an employer may not generally deduct or "dock" from wages any amount of time for missed work which is less than a full day. Doing so may remove the employee from the "exempt" status under the Wage and Hour Law, and entitle him or her to overtime pay after 40 hours. An employer may, however, deduct any of the hours of missed work from an employee's accrued leave reserves (e.g., vacation, sick leave, compensatory time, etc.) without jeopardizing the exempt status.



I found this but it doesn't say if it applies to all businesses/companies

I think this answers your question. When you run out of leave and they deduct time from your pay for any time missed that is less than a full day, you can then challenge the salary status. Otherwise it seems that your employer is within the law.