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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19014
Experience:  Employment/Labor Law Litigation
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So I read that if your salary and you work at least one day

Customer Question

So I read that if your salary and you work at least one day they have to pay you for the whole week if they doc your pay you are considered hourly now during your employment can the bounce you back and forth between hourly and salary on weeks you take personal time off or do they have to stick with one or the other
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. I'm not sure where you read that, but it's not accurate. The law is that if you work at least one hour in a day, you have to be paid for that day. However, if you miss entire days they do not have to pay you for those days. In fact, even the rule concerning working individual days is not 100% true, because the Family Medical Leave Act allows an exception to that rule when you miss time in a single day for FMLA leave....that can then be deducted from your hours. Finally, while your check can't be reduced for any day that you work, your vacation pool can be reduced to make up for missed hours. So, I believe that you are either misreading what you've seen or the individuals writing it are misinformed about the law. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Customer: replied 1 year ago.
So this week I missed Monday then I got sick at work and they sent me home Wednesday so I was just wondering as I am a salary employee what I would and wouldn't get paid for.
Expert:  Allen M., Esq. replied 1 year ago.
I didn't see your reply until just now. If you missed the entire day of Monday, they don't have to pay you for that day. You worked part of the day Wednesday, so they have to pay you for that day, but they can use a partial day of sick leave, PTO or vacation to cover that time off.
Expert:  Allen M., Esq. replied 1 year ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.