Can a company make a salaried employee take PTO if he/she has worked well over 40 hours in a work week

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Can a company make a salaried employee take PTO if he/she has worked well over 40 hours in a work week

First, we have no written policy for salaried employees.

I’m a salaried employee. Our handbook states our work week is 7-days, Sunday-
Saturday. If I have worked 40 hours Sunday-Thursday, I was told I have to use
PTO for taking off Friday.

There is no policy for salaried employee that states what our work week is.

Asked on May 24, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can make you use PTO to miss a day during the workweek. Salaried employees do not need to use PTO to miss or make up hours (e.g. came in late, left early, long lunch, etc.), but the law clearly states that if they miss an entire day, they must use PTO or else not be paid a pro rata portion (typically 1/5th) of their weekly salary, regardless of how many hours they work the rest of the week. Missing a day at a time triggers the need to use PTO.


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