Can my boss cut my pay for a drill weekend if I am salaried position?

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Can my boss cut my pay for a drill weekend if I am salaried position?

I am a salaried employee, and a memeber of the National Guard. For years I the weeks I had drill I would work my hours during the week and then dirll on the weekend. If i needed a third day off I would work 6 days either the week before or after. My now has decided to consider my drill “unpaid military leave” even though I work the hours during the week and drill on my days off. Also I was not informed of this change until I got my check and it was less and I had to ask why. The last two months has given me a third day off not needed for drill, but i worked six the week before.

Asked on August 22, 2012 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you miss an entire day of work during a week, your employer may reduce your pay by a day for that week. Even if you worked extra another week (before or after), if you are a salaried employee, your employer may do this--that's because as a salaried employee, you receive no extra pay or comp time for working extra, so you cannot "bank" the extra time to make up for the day you missed. (Of course, an employer could let you make up missing time--but they are not required to.)

If you drill on your own time (e.g. on a weekend, when that's not your regular work days) you cannot have your pay cut for it.


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