You are here:

Employment Law/salary employee taking time off with out pay


In the past I was able to take time off with out pay if I did not have any vacation time.  Now I was told after I came back from vacation that I could not take time off with out pay with out taking an entire week off.  But I could go 24 hours into the negative.  The HR director could not give me this in writing.  I work in Florida.  Is this legal?

Since vacation is not required by law the company can make up its own rules,

The law actually says that you can only dock a salaried exempt person if the are off one full day for personal reasons.  If you have a vacation plan the employee can be docked for days off in excess of vacation time.  The other rules the company is making are rules made by your company for your company and not any laws. It is not illegal.

Employment Law

All Answers

Answers by Expert:

Ask Experts


Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

©2016 All rights reserved.