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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5688
Experience:  Exclusively practice labor and employment law.
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I have been paid as as a salaried person for the 5 years I

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I have been paid as as a salaried person for the 5 years I have worked for my company. In the past if I exceed my allotted vacation time, my employer would pay me and put my vacation in the negative. I accrue 5 hours per pay period so it wouldn't take long to get it back in the positive. This year I used 6 vacation days to care for my Mom who was ill and I question whether that should have been vacation time and not sick time, plus I had a 2 week 3 day vacation planned to Europe. Therefore, I knew that I did have enough vacation hours to cover my trip to Europe. Since, I am salary - is there an obligation for me to receive my entire salary whether or not I have sufficient leave?

I live/work in Montana.

Holly Ondrasek
Hi, Holly, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.

Under the Fair Labor Standards Act (the FLSA), which is the law that controls the salary (exempt) versus hourly (non-exempt) standards for employment, a salaried employee is not owed salary for any complete workweek in which he/she does no work for a reason not attributable to the employer. So if a salaried worker and employer agreed to simply allow the employee not to work one workweek, and the reason wasn't attributable to the employer (for example the plant wasn't shut down, or the employer just didn't have any work), then there would be no wage owed to the employee for that week. This must be in entire workweek segments though; even if the salaried employee provides only an hour of labor during a workweek, then the entire workweek is compensable.

In your case, you state your vacation is 2 weeks and 3 days. It will depend on how this vacation overlaps with the workweeks, but there must be at least one full workweek wherein you'd not be legally entitled to your salary; it could be two weeks. Thus, unless the employer gives you vacation pay for this time or just pays the time off regardless of the law, then you'd not be paid for it.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 4 years ago.

Please elaborate. My first day of vacation was August 30. I was out for the holiday September 2 and that entire week, also, the week of Sept 9 and then Sept 16, 17 and 18.


As I understand your explanation, I should have been paid for August 30 since I worked Mon-Thurs that week and then I should be paid for Sept 16, 17 & 18 since I came back to work on Sept 19.


Am I correct in this?


Yes you understand perfectly. You'd legally be owed the entire workweek of wages for the weeks of 8/26 - 8/30, and workweek 9/16 - 9/20.

Let me know if I can be of further assistance. Thanks.
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