Legal Question in Employment Law in Iowa

Salaried employee and paid time off

I am a salaried employee working more than 40 hrs per week. When I take a day off, I do not have to always use PTO (paid time off) because I am over my 40 hours. Now, they are telling me that even if I do not have to use PTO, if I take a day off they will take my PTO. Is this correct??


Asked on 5/31/07, 10:45 am

1 Answer from Attorneys

Keith Stern Shavitz Law Group

Re: Salaried employee and paid time off

I can't provide any advice on what Iowa State law states (or doesn't) in this situation, but under federal law, PTO is a fringe benefit that can be given or taken away--and thus implemented--in many different ways because it is unregulated. However, the mere fact that you are paid a salary does not mean that you arent entitled to overtime compensation, so the angle that might help you is exploring whether the job duties of your position are in fact "exempt" from overtime or whether your job is such that your employer should be (but is not) paying you overtime compensation. Please consult with an attorney to determine what rights you may have.

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Answered on 5/31/07, 1:02 pm


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