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I'm a salaried employee, occasionally i miss work for

Customer Question
I'm a salaried employee, occasionally...
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: 1 year ago.Category: Employment Law
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Answered in 4 minutes by:
10/30/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 1 year ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,438
Experience: Employment/Labor Law Litigation
Verified

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.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,438
19,438 Satisfied Customers
Experience: Employment/Labor Law Litigation

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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