can an employer force a salried employee to make up hours lost due to a non work related injury?
This company did not issue me with any form of handbook regarding policies covering this issue or whether there is a sick pay benefit available,
I was not paid for the hours yet so I assume I can either have the hours deducted from my pay instead of make up the hours. However as I am expected to work 60 hours a week and seldom do less than 65 how can they say that I would have to make the hous up?
In essence if am paid the same salary for the extra hours worked as not working them i should not owe hours under the same context so long as this was an isolated instance and not something that was abusive.
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Absolutely they can.
You got paid for hours that you didn’t work due to a non-work related incident.
Legally, you owe them the time. They paid you and you didn’t work it.
I think I have to disagree with silvercharm… You are a salaried,
exempt employee. YOu are paid a predetmined, agreed upon wage to
perform a job. Whether that takes you 35 hours per week, or 75
hours…you are ‘exempt’ from overtime, you don’t ‘owe’ them for
hours you did not work while taking ‘sick leave’. However, the sick
leave, accrued paid time off/PTO, and/or vacation time would be per
the company policies. IF you were an hourly employee, your wages
would be paid accordingly. Including any reduction due to time off,
and/or OT you may be entitled to. In essence, it’s not about the
number of hours you work in a week, you are paid a salary for the
job/work performed. On the other hand… there are also rules,
state/federal that apply to ”exempt employees”. Those include your
job description, the type of industry you are in, the number of
employees you supervise etc etc. Just because your employer wishes
to classify you ”exempt”, even to avoid paying OT, does not make
you a legally exempt employee. You can find more information on
”exempt” status here http://www.dol.gov