Can a salaried employee not be compensated for time out of work?

I recently had surgery. I will be released to go back to work tomorrow. The company I work for will not allow me to come back to work until the pay period is over so they do not have to pay me for time I was not at work. Can they do this if I have the doctor’s release?

Asked on September 6, 2016 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Absolutely they can do this. The employer, not the employee, decides when someone works and can choose to not let an employee come into work (the same way they could simply terminate an employee, if that person's employment were not guaranteed or protected by a written employment contract). Salaried employees do not need to be paid for any full days they do not work (if they work at all a day, they must be paid). The employer could tell the employee to not come in so as to not pay them; you could think of it as suspension or furloughing without pay, which the employer may do. The doctor's release has no powe or authority over the employer.


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