deductions from salary

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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