Legal Question in Employment Law in Illinois

Exempt employee being docked pay for sick days

I am an exempt employee working in the state of Illinois. I have been with my company for 1yr & 8 months. Prior to last week, I missed one day sick. Last week, I missed 4 days. I went to the doctor and was told to stay home. Our company policy is that you accrue sick days and lose them at the end of the year. So far in 2003, I have accrued 1 1/2 sick days. My employer has threatened to dock my pay if I do not make up the 2 1/2 days (20 hours) over the next pay period. I generally work over 40 hours a week, and have never gotten paid for it. Now, they are threating to dock my pay when I missed some days sick. Under Illinois law, is this legal? I talked to the office manager and she said it is. I told her that I read under Federal law, it is not. In Illionis, can the company dock my pay for these sick days since I am an exempt employee? If they can not, can you please point me to a reference I can print out and hand to the office manager? THANK YOU


Asked on 4/07/03, 12:15 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Exempt employee being docked pay for sick days

It is a little confusing what is going on. It all depends on many factors including how many employees, etc. You can go to various websites -the Department of Labor may be a good place to start.

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Answered on 4/10/03, 1:29 pm


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