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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27199
Experience:  Former judicial law clerk, lawyer
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I am a salaried employee in. Last pay period we had 11

Customer Question

I am a salaried employee in Virginia. Last pay period we had 11 productive days for a total of 88 hours. I had 2 days where I took either a personal day (and only worked 1 hour) and a sick day (and only worked 3 hours) but made up my hours and actually put in 89 hours for the pay period. My employer said that in order to get paid my regular salary I would have to work 8 hours each day and not make up the hours on either other work days or weekend. So my questions is, if I worked 89 hours in an 88 hour pay period can they still take 12 hours from my vacation time?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Salaried, exempt employees must be paid the same salary whether they work one hour in a given week or 100. An employer cannot require an exempt employee to make up "missed" hours. (The hours aren't really missed, because you work over 40 hours per week already.) They are allowed to require employees to use paid time off when work is missed, if there is a handbook or other policy that says they can. The law doesn't require an employer to provide paid time off at all, and if they didn't, they couldn't dock your pay for the hours you were gone. But they can require you to use paid time off, if there is something in writing that says they can. Ask for a copy of the paid time off policy. If it allows your employer to pull from your vacation time to cover partial day absences, there is nothing in the law that prohibits it.

Here is more information from the Department of Labor:

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Expert:  Lucy, Esq. replied 4 months ago.

Did you have any other questions about this?