How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110470
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My wife is a nurse working for a large healthcare company that

This answer was rated:

My wife is a nurse working for a large healthcare company that reviews medicare claims. She is an salaried employee and has been mandated to work 10 hours overtime per week.
She was sick two days and apparently had used up her sick and vacation days. Is it legal for her company to dock her pay for the days missed even if she had more than 40 hours per week average for the month. If that is legal, what if she had missed one day but still had over 40 hours for that week?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry to say that with a salary employee, unless they have a written contract to the contrary, when the employee misses more than 4 hours from work in a day, the employer can deduct that time from their vacation/sick/PTO time or can deduct the pay from their salary if they have no vacation/sick/PTO time. The Fair Labor Standards act is not very favorable to salary employees and it is slanted in favor of the employer, but the law does provide that the employer may deduct from salary for any day where the employee takes off 4 hours or more for personal reasons.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 4 other Employment Law Specialists are ready to help you