Legal Question in Employment Law in Tennessee
Salary withheld for sick leave/surgery
I am a salaried employee for a small business. I work 45 hours a week. They do not pay for insurance, so I have to pay for my own.
I have had to take 2 weeks off for an acute illness and subsequent surgery. The equivalent amount of time I have been out of work has been deducted from my paycheck. Do they or do they not have to compensate me for any of my sick time?
1 Answer from Attorneys
Re: Salary withheld for sick leave/surgery
It depends on the nature of your position. If you are an exempt employee (i.e., one not entitled to overtime pay) then they should probably have had to pay you. If you are not an exempt employee (i.e., one entitled to overtime pay), then it was probably permissible to withhold your pay.
A complete answer to your question also has to take into account such other factors as company policy. I would recommend that you consult with an attorney. The determination of whether or not you are exempt is sometimes a confusing one and not something usually settled by the manner in which you are paid.
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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