Can an exempt employee be made to use their vacation hours if they leave early but make up the work?

UPDATED: Feb 29, 2012

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Can an exempt employee be made to use their vacation hours if they leave early but make up the work?

I currently work over 80 hours per pay period and occasionally leave about 2 hours early to cut some of the hours only if my work is complete and my office is covered. My employer has decided if any salaried employee leaves any time during the week he/she must use vacation hours to substitute the hours even, if they have worked over 40 hours that week. Is this legal as a salaried exempt employee?

Asked on February 29, 2012 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, it is not legal. Salaried employees are *not* tracked by the hour. If someone is exempt salaried, it does not matter, for pay/compensation purposes, whether they get their work done earlier and leave early, or it takes them double or treble time to finish. An employer may not require salaried employees to use paid time off if they leave "earlier." Of course, if an employer is not satisfied with your work ethic, approach to work, etc., then it could fire you if it chose (assuming you do not have a contract protecting your employment), but that's a different matter.

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