Legal Question in Employment Law in California
What is a salaried employee
Can an employer require a salaried employee to take vacation days or time off without pay due to illness? A few years ago my employer reduced ''approved time off'' (ATO) to 32 hours/yr. This is to include sick leave and appointments. On one hand the employee is expected to work however many hours are required to get the job done and is not compensated for hours in excess of 40/wk. On the other, if he exceeds 32 hours off for illness he is expected to take the excess as ''vacation'' or, if no vacation remains, ''no-pay''.
Is this legally enforceable? If someone takes excessive or questionable time off I can see that situation being reflected in performance evaluations/salary actions but it seems very one sided that the employee's pay (or vacation) is docked for illness.
1 Answer from Attorneys
Re: What is a salaried employee
Unless negotiated for by contract (typical with union employment) employers are not required to pay for time not worked. Vacation or sick pay is a benefit not a right. The employer is free to set the terms and conditions for receiving paid time off. However, once earned, they cannot take it away.
Your question raises another question, however. That is, whether you are truly an exempt employee from overtime or a non-exempt employee who should be paid for hours worked in excess of 8 a day or 40 a week. There are many factors that go into this determination, none of which are presented here.
You should have this reviewed by an experienced employment law attorney in your area to get an opinion whether you have been paid correctly.
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