PTO Exempt employee

The handbook states,

Asked on August 14, 2018 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are exempt, you must be salaried. Under the law, an exempt employee MUST be paid if they do any work in a day--if you work at all, you get a day's pay. Only if you don't work at all would you not be paid without the use of PTO. This does not mean that you can miss work with impunity, of course--you can be demoted, suspended, terminated, etc. for missing more work than they think is appropriate. But they can't make you, as a salaried employee, use PTO for a partial day's pay.

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