Salaried... I have to use vacation/sick hours to not be here, but working past 40h is 'included'?

Employment Law Forum
1

I’m a salaried employee in Florida. I accrue sick and vacation hours each pay period. I was out sick one day (8 hours) and worked an extra 2 hours the next day to catch up. Payroll says I used 8 hours of sick time and 32 hours of work, and the extra 2 hours don’t matter because I’m salaried. Is it legal for them to not offer flex hours against the sick ‘bank’ or pay overtime?

2

It goes both ways. You could work for 15 minutes and get paid for the full day depending on the state.

3

Dar said:
It goes both ways. You could work for 15 minutes and get paid for the full day depending on the state.

Interesting. So it depends on state laws?

4

Gray said:

Dar said:
It goes both ways. You could work for 15 minutes and get paid for the full day depending on the state.

Interesting. So it depends on state laws?

Exactly. Different states have different rules.

5

You can be salaried and not exempt from overtime rules. Most salaried employees should probably not be exempt, but businesses take advantage of the lack of understanding to avoid paying overtime.

6

Torrance said:
You can be salaried and not exempt from overtime rules. Most salaried employees should probably not be exempt, but businesses take advantage of the lack of understanding to avoid paying overtime.

So how do I know if I’m exempt or not?

7

@Gray
You might want to check with HR or look into labor laws specific to your state.

8

Salaried = I have to use vacation/sick hours to not be here, but working past 40h is ‘included’? Common and legal business practice.

9

Linden said:
Salaried = I have to use vacation/sick hours to not be here, but working past 40h is ‘included’? Common and legal business practice.

Sad but true, I suppose. Thanks for your response!

10

Yes.

11

Kit said:
Yes.

Thank you.

12

Maybe next time you don’t make up hours.

13

Dallas said:
Maybe next time you don’t make up hours.

No worries, I have now learned that lesson.

14

Hey u/DemandEqualPockets, ([FL] Salaried = I have to use vacation/sick hours to not be here, but working past 40h is ‘included’?), All posts are locked pending moderator review.

15

Mal said:
Hey u/DemandEqualPockets, ([FL] Salaried = I have to use vacation/sick hours to not be here, but working past 40h is ‘included’?), All posts are locked pending moderator review.

Noted. Thanks for the heads-up.