Legal Question in Employment Law in Texas

taking sick leave when salaried

I am a salaried employee. I do not know if i am an exempt or non-exempt employee. I can not get overtime. My question is if you show up for work and go home sick, is there a length of time you must stay to not have to use sick time? I was told you had to work at least 4 hours or you must use sick leave. If i work 30 mins and go home sick, do i have to use sick leave for the remaining 7.5 hours of the day.


Asked on 1/23/04, 10:49 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: taking sick leave when salaried

This is a fairly straightforward situation, but any lawyer will need more information about your job duties and company policy. Generally, if you are exempt from overtime (typically you would be salaried), sick day policy would be determined by your employer and you would not likely be docked if you worked even part of a day. If you are convered by overtime laws (typically, although by no means always, you would be paid hourly), those would supersede a contrary company policy, and you would be paid for hours actually worked, with overtime above 40 hours a week. Contact a lawyer to learn your rights.

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Answered on 1/26/04, 11:28 am


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