Can a salaried employee be docked holiday pay?

I am a salaried employee. Our handbook states the employee must work the day before and the day after the holiday in order to receive holiday pay. I was out sick the day after a holiday. I have PTO time to take, but HR is stating that I have to be docked the holiday time (8 hours) since I did not work the day before and the day after as stated in our handbook. It does NOT state that an employee can not take PTO for the holiday if they have the time available. Thanks in advance for your time and assistance.

1 answer  |  asked Jan 4, 2010 12:03 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
The docking of pay for salaried employees by employers is often risky business. An employer may not dock hours without running the risk of turning a salaried employee into an hourly employee. An employer must dock an entire day or no part of the day. Your guidelines or handbooks should provide some information, but it is not per se illegal to dock whole days.

If you have facts to elaborate on this, I suggest that you collect your specific information and see an employment lawyer near you. You can find one near you at: www.oelasmart.net/directory

posted by Bruce Elfvin  |  Jan 4, 2010 2:50 PM [EST]

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