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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33167
Experience:  JD, BBA, recognized by ABA for excellence.
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Im an employer in California with 4 full time exempt salaried

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I'm an employer in California with 4 full time exempt salaried employees. I allow 6 vacation days per year and beyond this I do not pay my salaried people for days taken off beyond their 6 allowable vacation days.

My accounting girl sent this text to me...Question: Is it really LAW as she says that I should pay them regardless "unless they don't report to work for an entire week"????
Am I within the law to require them to work with only their allowable 6 annual vacation days and to dock their pay for additional days taken off?

"Shawn asked about taking a vacation day today. I told him he doesn’t have any available. That is a gray area with us. The four salary people (Shawn, Darryl, John and Kristin) are paid a salary and according to the law, should be paid regardless (unless they don’t report to work for an entire week). I know Shawn has questioned this with me before because he, Darryl and John come in early and/or work late and those hours are not used to calculate OT or Vacation. I hear it from both sides. I just want to stay within the terms of the law and make sure that you and I are on the same page so it doesn’t seem as if I am trying to make the rules here.".


Hello and welcome.

I am sorry to hear of your difficult situation.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Hello again, Jack.

The rule set forth by your accountant is the general rule and true in most situations. However, the U.S. Department of labor has set forth certain situations where an employer may dock a salaried employee's paycheck, even if they work for a partial week.

One of these exceptions to the "no docking" rule involves a situation where an employee is absent from work for one or more full days for personal reasons, other than sickness or disability. Therefore, you would normally be permitted to dock an exempt employee's pay for full days in which they are absent due to vacation and they do not have accrued vacation days to cover the absence.

Here is a link which summarizes the law on this issue:

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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