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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5620
Experience:  Exclusively practice labor and employment law.
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I have an employee that has comeback from pregnancy leave.

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i have an employee that has comeback from pregnancy leave. this was a salaried employee. she had used up all her sick days and vacation time. When she came back to wok she work 43 hrs out of the 80 that would be expected. i paid her at her hourly rate for the hrs she worked. she claims she should have been paid her full salary because i can not change her wages retroactively abd she should have received her full pay check
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: nc
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

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Is she a salaried employee? She was supposed to work 83 hours in a workweek? Did she miss any full days of work for personal reasons?

Customer: replied 3 months ago.
she is salaried. 80 hrs over two weeks

Under the salary basis rule of the FLSA you can withhold pay for full days absences due to personal reasons; not due to sickness or disability. You wouldn't want to pay hourly because then you destroy the salary basis. What you would do, is withhold whatever proportion of the day she missed on the workweek so if she missed two full days of a five-day work week would pay her 3/5ths of her salary for the week.
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Customer: replied 3 months ago.
she work some hrs in each day. so if she work 4 out of 8 i would pay her 50% of that days pay. so if she makes 1400. for two week pay period a140 a day i would pay her 140/2 or 70 correct?
Customer: replied 3 months ago.
we have a sick day policy and she had been paid for all her sick days she was entitled to.

Why was she leaving early each day?

Customer: replied 3 months ago.
baby had a doctors appointment, baby sick, not up to staying the full day, coming in late taking extra time to go home and pump

These would be considered personal time off. The fair labor standards act, which controls this matter, states the following:

(1) Deductions from pay may be made when an exempt employee is absent from work for one or more full days for personal reasons, other than sickness or disability. Thus, if an employee is absent for two full days to handle personal affairs, the employee's salaried status will not be affected if deductions are made from the salary for two full-day absences. However, if an exempt employee is absent for one and a half days for personal reasons, the employer can deduct only for the one full-day absence.

Thus if this person was missing portions of days, then you cannot deduct those days or any part of them from her salary. I would suggest you do one of two things for this employee – one) reduce her salary into the future, two) make her an hourly employee.

Hope this answers your questions. Thanks

Customer: replied 3 months ago.
a salaried employee can work a few hours a day, after using her a allotted sick days and i am obligated to pay for her full salary

yes

John and 3 other Employment Law Specialists are ready to help you
Customer: replied 3 months ago.
thanks