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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110540
Experience:  20+ Years of Employment Law Experience
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I am a salary exempt employee. Recently I had to the ER due

Customer Question

I am a salary exempt employee. Recently I had to the ER due to my blood pressure and my employer used my PTO to cover the rest of the day even though another employee had a similar instance and they did not make her use her PTO. I also worked the weekend to make up for time that I was go to be off but my PTO was still used despite the fact I worked to make up the time. Is all of this legal? Can an employer force you to use your PTO when you worked half the day?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under FLSA, an exempt employee generally must receive her full salary for any week in which she performs any work, without regard to the number of days or hours worked. If an exempt employee performs any work during the workday, no deduction may be made from her salary for the partial-day absence. HOWEVER, an employer can deduct from an exempt employee's vacation or leave banks for partial-day absences since she is still receiving a full day of pay. In that case, the employer's policy provided for a deduction from the vacation bank only if the absence was for four or more hours in a single workday.
So, yes, the employer can make up the difference in your pay for time missed from work from your PTO, it is not against the Fair Labor Standards Act I am afraid.
Customer: replied 3 months ago.
But why do it to one and not the other? My co-works PTO wasn't docked for the two half days she missed.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
We cannot tell anyone why their employer does things, we can only tell them what the law is.
What I can say is that if they are treating you differently than the other employee based ONLY on your age/race/sex/disability/national origin (not a change in company policy) then you can file a complaint with the EEOC for discrimination and they would be able to investigate and have to issue you a right to sue letter.

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