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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20398
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am a nurse practitioner, an exempt employee. I am required

Customer Question

I am a nurse practitioner, an exempt employee. I am required to take call without compensation. If I am on call midnight to 8am, which consists of answering phone calls and being available to come into surgery, then take the rest of the day off, I am docked a vacation day. Is that legal?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.


Thank you for the information and your question. Neither Federal nor Kansas law requires employees to provide paid leave to employees either as sick or vacation leave. I they do offer it, then they have the right to set the rules for accrual, use, and pay out. Therefore, as long as an employer is not violating their own written policies or the terms of a contract, they would be within their rights to do what you described. However, as a side note, since you are an exempt employee they could not reduce your salary for taking that time off since you had worked some in that day already. But that doesn't change their ability to charge your vacation pay for any hours you take off that they schedule.

If you do believe they are violating their own policies or a contract, you can file a wage claim with the State or file suit in small claims court for the amount you are owed. Please let me know if you need any clarification.

Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 20th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:
Thank you.