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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118681
Experience:  20+ Years of Employment Law Experience
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My wife is a nurse working for a large healthcare company that

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My wife is a nurse working for a large healthcare company that reviews medicare claims. She is an salaried employee and has been mandated to work 10 hours overtime per week.
She was sick two days and apparently had used up her sick and vacation days. Is it legal for her company to dock her pay for the days missed even if she had more than 40 hours per week average for the month. If that is legal, what if she had missed one day but still had over 40 hours for that week?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry to say that with a salary employee, unless they have a written contract to the contrary, when the employee misses more than 4 hours from work in a day, the employer can deduct that time from their vacation/sick/PTO time or can deduct the pay from their salary if they have no vacation/sick/PTO time. The Fair Labor Standards act is not very favorable to salary employees and it is slanted in favor of the employer, but the law does provide that the employer may deduct from salary for any day where the employee takes off 4 hours or more for personal reasons.

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