I’m a salaried employee, should my employer dock my paycheck whenever I go to doctor appointments?

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I’m a salaried employee, should my employer dock my paycheck whenever I go to doctor appointments?

At most I’m gone for 4 hours. I always thought that salary employees are exempt from this. Also, we have no mechanism for keeping track of paid sick leave. I have no paid sick leave and have been at this company for 4 months. I work at a very small landscape design firm where it is just my boss and I. I’m not really sure if any of this is okay or not. If I ask, I feel like I’m getting gaslighted.

Asked on November 19, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) If you work some hours during a day, if you are salaried, you MUST be paid your fully daily salary (i.e. one fifth your weekly salary). If you miss an entire day of work, you don't have to be paid for that day, but there is no reduction in salary for being out part of a day.
2) Your state requires that you get a minimum of 3 sick days per year--some cities (like San Francisco) may require more.
Based on what you write, you may have a claim for the wages wrongful docked from you and to get sick leave. Contact your state department of labor about filing  complaint.


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