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Good morning , I was looking for help with a question ? In Massachusetts if we have an exempt employee on salary in the customer service field who is required to be in the office and we have an employee handbook that states only 3 sick days and two personal days will be paid per calendar year , can we deduct from her salary pay if she is above the 5 days . The employee calls in all the time and we paid her and additional 7 paid days but she keeps calling in and we want to deduct from her salary for being out ? can we ?

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Submitted: 11 months ago.Category: Employment Law
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9/14/2017
Employment Lawyer: ScottyMacEsq, Lawyer replied 11 months ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,171
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. You can deduct full days missed, but no partial days. If she works any portion of a day, you have to pay her the entire day. Now if she has any paid time off, sick time, vacation, etc... you can require that she dip into that to pay the portion that she missed on partial days. You can also deduct it from future vacation, sick time, PTO, but not wages. Otherwise, if she works any portion of a day, you have to pay her for that entire day. If she misses a full day or multiple full days, you can deduct the pay for that day(s).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Employment Lawyer: ScottyMacEsq, Lawyer replied 11 months ago

Did you have any other questions before you rate this answer?

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Employment Lawyer: ScottyMacEsq, Lawyer replied 11 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Employment Lawyer: ScottyMacEsq, Lawyer replied 11 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Employment Lawyer: ScottyMacEsq, Lawyer replied 11 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (over 40 minutes now) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Employment Lawyer: ScottyMacEsq, Lawyer replied 11 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 11 months ago

Did you have any other questions before you rate this answer?

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 11 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 11 months ago

Did you have any other questions before you rate this answer?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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