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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I am a salaried employee in CA. My boss wants to dock me for

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I am a salaried employee in CA. My boss wants to dock me for 3 days of work missed due to an emergency. I am also an exempt employee. 1st time off in 3 years. Is this legal?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Unfortunately, this sort of deduction is legal. The law specifically permits an employer to make a pro rata deduction from a salaried employee's pay for any full day of work the employee misses due to illness or for personal reasons. So, for example, if there are ten work days in the pay period and the employee misses 3 full work days, the employee can deduct 30% from the employee's salary. What the employer cannot do is deduct for a partially missed day, or deduct more than the pro rata amount of full days missed.
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