I am a salaried employee and work 45+ hours per week. I am required to work one Saturday (5 hours).v

I am a salaried employee and work 45+ hours per week. I am required to work one Saturday (5 hours) per month. I missed one Saturday since I was in the Hospital, now my employer is telling me I have to either work 2 Saturdays or use a vacation day for the one I missed. How can they charge me a vacation day for overtime? Is this even legal?

1 answer  |  asked Dec 2, 2015 3:06 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Assuming you work for an employer with at least 50 employees within 75 miles of your location (you are entitled to take FMLA leave without being penalized), according the the U.S. DOL wage and hour division:

When an employee seeks leave for a FMLA qualifying reason for the first time, the employee need not expressly assert FMLA rights or even mention the FMLA. If an employee later requests additional leave for the same qualifying condition, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave.

Covered employers must:
(1) Post a notice explaining rights and responsibilities under the FMLA (and may be subject to a civil money penalty of up to $110 for willful failure to post);
(2) Include information about the FMLA in their employee handbooks or provide information to new employees upon hire;
(3) When an employee requests FMLA leave or the employer acquires knowledge that leave may be for a FMLA
-qualifying reason, provide the employee with notice concerning his or her eligibility for FMLA leave and his or her rights and responsibilities under the FMLA; and
(4) Notify employees whether leave is designated as FMLA leave and the amount of leave that will be deducted from the employee’s FMLA entitlement.

Employer Notice Requirements under the FMLA
CERTIFICATION When an employee requests FMLA leave due to his or her own serious health condition or a covered family member’s serio us health condition, the employer may require certification in support of the leave from a health care provider. An employer may also require second or third medical opinions (at the
employer’s expense) and periodic re-certification of a serious health condition.
Certification of a Serious Health Condition under the FMLA. For information on certification requirements for military family leave,

Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An
employee’s use of FMLA leave cannot be counted against the employee under a “no fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave.

FYI - you might consider consulting with a lawyer knowledgeable of the FLSA regarding whether your salaried position is lawfully salaried depending on your responsibilities, control, etc... It's not uncommon to discover a salaried employee who should have been paid hourly plus overtime. Of course that depends on the specific facts which you should not post on a public forum.

posted by V Jonas Urba  |  Dec 2, 2015 5:36 PM [EST]

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