Can a salaried, exempt employee be told time off for a doctor’s appointment will be unpaid?

Asked on July 14, 2015 under Employment Labor Law, Nebraska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, an exempt employee may be told this. That is as long as their treatment is not the result of actionable discrimination. And as long as categorizing this time as unpaid violates no employment contract, union agreement, company policy or the like.

The fact is that if you are an "at will" employee (and most of us are), your employer can set the terms and conditions of the workplace much as it sees fit; this includes determining unpaid work time.

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