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QUESTION: I am a part time salaried physical therapist at a nursing home. I manage all the needs of the department. I work 24 hours a week and am paid based on those hours. I will often manage the department when I am either off or not in the facility and at times exceed my 24 hours but do not receive overtime for this.  I generally work 4 six hour days. The HR supervisor who is also payroll, has said in order for me to take a holiday, lets say Christmas, i can get 4.8 holiday pay but I would have to deduct 6 hours from my pay because I am taking a day off and only putting in 18 hours of work. Basically I am getting a day off with a pro rated pay but I am being penalized for using the holiday. I am very confused because as a salaried employee whose hours do not fluctuate shouldn't i receive the same pay regardless if a holiday falls in that week. I feel like I was offered a salaried position but I am being treated as an hourly employee. can you help to explain the holiday time as a salaried employee so that when i go in to address this issue I have some clarity on it. Thank you.


This question and all the subparts has no yes or no answer.   I need to ask you to clarify some things so I know where to begin.   I read what you wrote and understand it, but still what you are basing your questions on are things the HR manager of the nursing home told you and that information may  or may not be correct.

So, when you reply,  just answer the questions and dont add in any extra info that would identify you-- you also may choose to select  "private" and this way your info is only share with me-- and not 2 billion of your closest friends on the Internet !

Q1-  what is your salary each WEEK for work you perform over a 7 day workweek period ?   What is the "hourly rate" this equates to?
Q2-  Confirm this salary is for all hours you work  (24)  plus additional hours each week.
Q3-  if you worked less than 24, would you still get the same salary or less due to working less?
Q4-  If you work more than 24 each week-- you said you do,  how many hours do you typically work?  What was the MOST you worked for the 24  hour salary ?
Q5-  You said you run the department.  That may be so, but what management tasks do you perform that only managers are responsible for?    When you do these other tasks, are you required to have someone authorize the tasks,  what are the other tasks, specifically,  that you do  when you say you "handle everything"  and "  manage the department" ?
Q6-  Does your nursing home follow the 8/ 80 overtime rules for full time employees?   
Q7-  If you work from home when you are "off" , how often do you do this and how manyt hours of work do you work from home--  in addition to the 24 you work at the nursing home?
Q8-  I read about how they want to change your pay to pro-rate it due to a holiday.   When else is your pay fluctuating away from the salary you were promised for working 24 hours?

Just reply to each question above and this will help me to address your question  more accurately.



---------- FOLLOW-UP ----------

Here are the answers:
1. My hourly rate is $43.35 and I get paid $1040.40 per week.
2. yes confirmed
3. same salary
4. I manage any staffing scheduling when I am not in the facility...on average i put in 1-2 hrs additionally to my work week.
5. staffing, all paperwork for ST, OT and PT, billing, orders, care plans, MDS minutes, all medical equipment ordering, and a multitude of physical therapy responsibilities directly related to patient care.  All therapy needs occur thru me and and are managed by me. It is very rare anyone else has to handle these needs on behalf of myself.
6. no clue... if you are salaried the perception is you put in as many hours that are needed to get the work done regardless of the hours.
7.I recently was off on sick leave recovering from knee surgery. I was off for 2 1/2 weeks and worked about 5 hours and exchanged 150 work related text messages on behalf of the department. It seems that the extra work happens most often when I am on vacation and still manage staffing and therapy needs as they arise from my phone...this can vary from 1-3 hours in a week.
8. I have been given the option to work without pay and it was my belief that this should be the only time my paycheck should change.
I anticipate that a meeting will be held tomorrow to discuss this issue. I appreciate any information you can supply me.


Thank you for the answers.

I'm sorry your meeting is tomorrow-- hope we can get through this in time-- I'm not around tomorrow so this will be my last post till wednesday morning or afternoon...

A few more clarifying questions:

1- do you supervise two or more people DIRECTLY that no other supervisor is in charge of?
(meaning the personnel you supervise daily are not shared by you and another supervisor's authority)
2- are your learned skills and training the same as, less than or more than that of a Licensed Practical Nurse (LPN) ?   Sorry- not sure how it stacks up skill wise.    When answering this, use perspective of a medical college and their assumption on the level of training and skill as Physical Therapist  - vs -  LPN.

To save you time, here is my next round of questions.. and possible answers:

If you say no to # 1 above, then you are likely due additional straight time pay for the hours you work over 24 in a week-- also you are not "salary exempt"  but rather "salary non-exempt" employee.  Also once a salary is established, the salary must be paid each and every week at the same rate and not fluctuate because you work more or less or take a holiday or not.    If you perform ANY work at all during your day off,  you get paid for that day-- or the salry in whole  or extra pay as your salary is based on 24 hours-- not more.

I'm quite sure Wage and hour would require you to get payment for extra hours at straight time rate in addition to your salary even though you earn well above the FLSA exemption amount and you are NOT in overtime realm of 40+ hours a week.  your salary is for hours worked up to 24 for XXXX pay.  if you work more,  (based on below assumptions) you may be entitled to more pay.

If you said YES, to #1, OK-- you are still qualifed as OT exempt/ salaried.   In this case, you still always get the same salary no matter what hours you work-- same as a salaried guy who gets paid to work 50 hours a week.  Your pay amount, management responsibility and supervising of 2+ people helps you pass the exemption test.   If the company still goofs up your pay and changes it or "docks you" for missed time for holidays, sick days, whatever because they feel they are not getting their 24 hours from you, this is a wage and hour FLSA violation.   same salary is required EACH WEEK  in this case .  no excuses.  Only excptions are quite limited and not present in your examples....

If you said in # 2 your skills are less than or equal to that of a LPN, then you are NOT salaried exempt.    Same answer as  "No to # 1 above-- "

If you said  in # 2 above your skills and training are superior to LPN, then you might qualify as an exempt learned professional under Executive -- but only if you supervise 2 or more direct employees.    Without these 2 bodies under you, you are NOT exempt and  go back to   No to # 1 above answer....   With 2 bodies under you,  go to answer above for   "YES to # 1"

Keep in mind,  LPN Nurses are NOT EXEMPT from overtime and are typically paid by the hour and are entitled to overtime-- at either the 40 hours a work week rule like all other FLSA  employees or  the 8/80 rule that is an excpetion for nursing homes and hospitals.

So,  it is likely, even at your pay rate, you are entitled to the same salary each week and possibly an additional hour of pay for hours you work OVER 24 in a week.

I hope this helps.  I need an asprin now.

Brian Phillips
Harvis, Inc.

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Brian Phillips


Foreign and US university students -*PLEASE*- DO NOT waste your time asking for my opinions, comments or analysis of your homework questions. Homework questions are not answered and are rejected. I am happy to help answer questions asked by employees and employers regarding United States based state and Federal wage and hour, OT, Fair labor standards, FMLA, COBRA, Recruiting, Interviewing techniques, employee manuals, discipline, terminations/quits, unemployment, HRIS rollout, Employee Leasing or Staffing company cost analysis, day to day scenarios, work situations and more. Essentially a well rounded HR generalist who operates Harvis, Inc., a human resource consulting and service business based in Northeastern Pennsylvania "NEPA".


At Harvis, Inc., we provide Human Resource products, services and advice to small businesses that may not have the time or resources to hire a full time HR department. For larger companies with HR managers in place, we compliment their expertise to help with time consuming or time sensitive projects like updating policy manuals, screening and interviewing and more. We make workplaces better by becoming that 1/2 person they need to help handle HR responsibilities on a daily, weekly or monthly basis. Formerly responsible for all Human Resource activity for a staffing agency with 2,500 annual employees as well as an employee leasing / PEO business with 1,500 annual employees. Designed and implemented the HR structure to support hundreds of clients in excess of $ 500 million in payroll volume over career in Human Resources.

* President 2006- Harvis Inc. HR Services * President 2010-13 Business Association of the Greater Shickshinny Area - Shickshinny PA * President 2013- ShickshinnyForward Not for Profit Community Long Term Revitalization Organization and former member of varios Chambers of Commerce and HR Taskforce, former President of NBC Business Club 2 years

Bloomsburg University - 1993 BS Marketing, Bloomsburg Pennsylvania and Luzerne County Community College - 1991 Business Administration, Nanticoke Pennsylvania

Awards and Honors
* Better than average - 20/10 vision * Bestowed with an occasional "Thank You" from clients and their employees.

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