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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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I'm a salaried employee, occasionally i miss work for

Customer Question

I'm a salaried employee, occasionally i miss work for various reasons. when this happens my employer insists i use a vacation day. Is this right?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time, non- union, im expected to work 44 hrs per week
JA: Anything else you want the lawyer to know before I connect you?
Customer: sometimes I work 50 hrs. My time off is few and far between
Submitted: 8 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 8 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I wouldn't called it right, but it is legal.

When the Fair Labor Standards Act was crafted, it did not take vacation into consideration. This is because vacation is not legally required in any state or under Federal law.

So, employers have ultimate control over their vacation programs. As such, even though you are salaried, a reduction in your vacation is not seen as a true deduction from your weekly salary, so it is not an illegal deduction that threatens your salaried status.

Regrettably, working more than 40 hours doesn't work in the opposite manner by adding time to vacation.

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