deductions from salary

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deductions from salary

I was never told by current employer that he would deduct from my salary if I
missed a day of work, until the first time I missed and he deducted from my
check. The claim is that I have not accrued any sick time. I started in August and
my probation period was only 30 days it is now December. I also met all my
obligations of teaching at least 15 lesson hours. That week I taught 26,
surpassing the requirements needed for my salary. He has made the deduction
twice and I feel the need to address this issue with him.

Asked on December 25, 2017 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Are you a salaried employee, as your question implies (as opposed to being paid on an hourly basis)? If so, then if a salaried employee misses an entire day of work, he or she is not paid for that day. What that means is that if the weekly salary (1/52nd of annual salary) is based on five workdays per week (e.g. M - F), if the employee is out for an entire day, then that week, his or her salary is reduced by 20% (1/5th). Even if he or she works sufficient overall or total hours, the salary is still reduced: hours are not counted for salaried employees in terms of pay (they may be considered for performance, meeting work requirement, etc.), only full days. So a salaried person who works, say, 7 hours per day for 5 days gets full salary; but one who works 60 hours over 4 days and misses the 5th day losses 1/5th the weekly salary.
If the employee had earned and used a paid time off (PTO) day, like a sick day, for the absence, then he or she would be paid for the day.


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