Legal Question in Employment Law in Pennsylvania

Vacation

I am an exempt employee working for a national retail construction company. As a project manager I am required to travel from time to time.Depending on the urgency it may be extended and require weekends. not a problem..

The problem, I recently found out that my vacation time was being docked if I took an extended lunch break for a Doctor's appointment or Dental procedures. As a exempt employee I have gone in excess of 40 hrs without sleep due to the urgency of the project. Can they dock my vacation for DR. Appointments etc. Morally I think it is wrong, but is it legally wrong?

Thanks


Asked on 10/07/07, 9:58 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Vacation

You asked about a salaried employee being docked for taking time.

Yes, it is legally wrong. Essentially they are treating you as an hourly employee. If they dock for time then they are figuring out your hours as hourly pay.

But also, they cannot touch your vacation time without your prior consent. If they had a general time bank for all personal time they "might" be able to do so, but a specific vacation account is controlled by the employee.

You should either bring this matter to their attention or to the attention of wage and hour enforcement.

Regards,

Roger

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Answered on 10/07/07, 12:16 pm


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