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Home Q&A Forum If an employee is paid salary, can an employee force PTO if said employee is out with a doctor’s excuse?

Employment

Employee Benefits Agreement

Texas

Asked on Oct 28, 2022

If an employee is paid salary, can an employee force PTO if said employee is out with a doctor’s excuse?

I got sick and ended up missing a day of work. I went to the doctor and was prescribed meds and told to take meds and rest the next 2 days. I provided an excuse at work. When I got my pay stub, I see the manager forced 24 hours of PTO for the days I was out. Mind you, our hours of operation are 8am-5pm M-F, but I’m here every day at 6:30am and work until 8, 9 or 10:00pm some days. Please advise. Thank you for your time!

1 Attorney answer

Answer

Employment

Texas

Answered 475 days ago

Howard B.

ContractsCounsel verified

Business Lawyer
Licensed in Oklahoma
Free Consultation

The rules for the salary basis of pay is governed by a federal law called the Fair Labor Standards Act. It allow an employer to deduct an entire day's pay if an entire day of work is missed. If any part of such a day was worked at all, then a full day's pay is required by law. HOWEVER, there is an exception under which partial day deductions for partial day absences is allowed if an only if the absence is for Family and Medical Leave Act leave. I'm not licensed to practice law in Texas: if there is any peculiar spin on it through state law, perhaps a Texas attorney will chime in. It is ordinary for an employer to substitute PTO for salary pay when a whole day is missed.

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