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Employment Law/exempt salry payment


I am an exempt salaried employee in PA. Recently I have had some medical issues for which I have to miss hours for Dr. appointments and procedures (6 over the last 2 weeks - I am paid biweekly).  My employer insisted that I reduce my pay for these 6 hours, since I did not have time in the completed pay period to "make it up".  she told me my attendance is a problem because of these on going medical appointments, and they may have to "do something about it"  When I was hired there was no employee handbook given to me, nor was there any mention of any number of required hours to be worked. She indicated that she might change my status to hourly so that I am paid for the time I am at work.

Is any of this legal?

it is illegal to reduce an exempt employee's wages for less than a full day off for personal reasons. This is a federal law under the Fair Labor Standards Act. You should not have been docked for those 6 hours.

It is legal to change and employee from Salaried Exempt to hourly non exempt. If your designation is changed than you are simply just paid for the hours you work.

You should ask what the attendance policy is and let them know that it is illegal to dock salaried exempt employees for less than 1 day off for personal reasons. You cannot dock for 1 or 2 hours off.

If you have on going medical you should ask for FMLA leave and it will keep them from using it as attendance violations. It is unpaid and they do not have to pay even if you are exempt, but it does protect your job. You can take FMLA in increments of hours.


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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

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