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  1. #1
    Join Date
    Mar 2011
    Posts
    5

    Default Employer Docking Final Salaried Paycheck for Sick Time, Time Was Made Up

    My question involves employment and labor law for the state of: Kentucky

    When I start with this employer, I was told we had sick days "within reason." My employment contract is salary for a min 35 hours per week. On a Thursday my son was sent home from school sick. The next day I had gotten sick but went into work for about 2 hours when I was told to go home. At that point I had 28.75 hours in for the week. This was my first sick day taken. The next week I was given notice that my last day would be in 3 weeks (not related to having taken a sick day) , and I would have to make up the hours for when I was off. I worked over 3 hours one week and 3.5 hours the next, which more than covers my time. But they are still trying to dock my paycheck!
    Is there anything I can do or someone I can contact?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Docking Final Salaried Paycheck for Sick Time, Time Was Made Up

    Salaried is only a pay method and means nothing in and of itself. What matters is exempt and non-exempt. However, even an exempt employee can be required to make up time (regardless of how many hours they worked) and only has to be paid for the time actually worked in the last week of employment.

    If this does not answer the question, please clarify.

  3. #3
    Join Date
    Mar 2011
    Posts
    5

    Default Re: Employer Docking Final Salaried Paycheck for Sick Time, Time Was Made Up

    I did make up the time missed and then some. They are still trying to dock me for the time, even though the time missed was 4 weeks ago and the time had been made up.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Docking Final Salaried Paycheck for Sick Time, Time Was Made Up

    Okay.

    A. By "docking" do you mean:

    1.) Requiring that you take sick time
    2.) Removing actual dollars from your paycheck?

    B. Are we talking about your final check at the end of your employment? If so, did you get paid for all the time you actually worked?

    C.) Are you exempt or non-exempt? If you don't know, give us a detailed description of your duties.

  5. #5
    Join Date
    Mar 2011
    Posts
    5

    Default Re: Employer Docking Final Salaried Paycheck for Sick Time, Time Was Made Up

    a. Removing dollars from my paycheck.
    b. I have never gotten overtime pay though I usually work over each week. One week I was under 6 hours under but have since made up the those 6 hours, but they are still trying to not to pay me for those 6 hours.
    c. I am non-exempt.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Docking Final Salaried Paycheck for Sick Time, Time Was Made Up

    If you are non-exempt, then they have no legal obligation to pay you for time you did not work. However, you must be paid for each hour that you actually worked and overtime if you work over 40 hours in a week. I understand that your standard schedule is for 35 hours. That does not affect when overtime is due. Sick time and other forms of paid leave do not count towards overtime calculations.

    IF you have been paid for every hour you actually worked and OT for hours over 40 in a week, you have been paid legally. If you have not, then your recourse is to file a wage complaint with the state DOL. Please note that they have no legal obligation to pay you for any sick time you may have taken unless a legally binding and enforceable contract specifically says that they do.

  7. #7
    Join Date
    Mar 2011
    Posts
    5

    Default Re: Employer Docking Final Salaried Paycheck for Sick Time, Time Was Made Up

    One more question, does it matter that I was already paid for the time I was off and only now (four weeks later) they want to take it out of my check?

  8. #8
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Docking Final Salaried Paycheck for Sick Time, Time Was Made Up

    No. If you've been paid for sick time they've now decided you are not due, they can deduct it, but ONLY to the extent your CURRENT gross pay exceeds minimum wage.

  9. #9
    Join Date
    Mar 2011
    Posts
    5

    Default Re: Employer Docking Final Salaried Paycheck for Sick Time, Time Was Made Up

    Thank you for you help!

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