Expert: Shirley McAllister, CPP, PHR - 4/5/2010

Question
I'm a Salaried employee and I had to take a Monday off due to a doctors appointment. We had a project that caused us to work Tuesday through Sunday. Our Work week Starts on Monday and ends on Sunday. They made me use 8 hours of PTO for the Monday I needed to be off even though I worked 48 hours. Please explain how this is legal?

Answer
Hours do not count for Salaried Exempt employees. Salaried exempt employees are paid an annual salary divided into equal pay periods throughout the year. They are paid by the job and not by the hour.

PTO is not required by law to be given. It is given by the employer and the employer can say when it may or may not be used. The Department of Labor says the salaried must be paid their entire salary if they are off sick a day. The Department of Labor does not care which pot the money is paid from as long as the entire salary is paid.

It is the option of the company to pay the day from PTO if they wish to do so.

Shirley