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Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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(v) If you are employee handbook, we clearly stated that if

Customer Question

(v) If you are employee handbook, we clearly stated that if over five days off PTO, we will automatically deduct additional absent days all of the paycheck. This still qualify to be exempt?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Thank you for contacting

Can you restate your question please? I'm not sure what you are asking?

Customer: replied 5 years ago.

Hi Tina,


here is my rephrased question:

does a company have to offer a sick pay leave, such as five days per year, to an exempt or nonexempt employee? If we don't offer a sick day pay only offer PTO, are we against the law?

Expert:  Tina replied 5 years ago.
Thank you for the additional information.

An employer is not typically required by law to provide paid sick days to employees regardless of whether they are exempt or non-exempt from overtime pay.

If the employer provides paid sick days, then the employer must normally do so on a non-discriminatory basis.

However, a policy offering paid sick days to non-exempt employees and not exempt employees or vice versa is not typically prohibited as long as it does not discriminate against a class of employees.

Good luck and take care.



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