I’m a W-2 employee on salary, and I’m exempt. I have two weeks of PTO. Can my boss do the following?
1) not give me a bare minimum of 2-3 days of paid sick leave
2) not allow me to make up time that I take to go to a Dr appointment or physical therapy
3) not allow me to use my paid sick leave that I’m supposed to have by law for my appointments?
I feel like he’s trying to make his own rules around these things, and aren’t there some laws he must follow about this? No matter the size of the company? We are a small company. Any help you can give would be greatly appreciated. Thank you.
Some of these answers depend on your state and your city. Some cities and states have paid sick leave laws, and those rules would apply in that case. I’m going to assume you don’t live in one of those places. You can google “[state] sick leave law” to see if you have protections.
I’m also going to assume that you are legitimately a salaried exempt employee and that you meet all the criteria and are not eligible for overtime.
1. Sick time isn’t required under federal law; your boss doesn’t have to give you any.
2. What do you mean by making up time? He cannot deduct anything from your salary. If you mean he’s deducting from your PTO, he can absolutely do that. Businesses are generally free to make their own rules around PTO.
3. If you have paid sick leave laws, which it looks like you do, and they apply to you, then no, he can’t do that. You can file a complaint. Most likely, your state department of labor will be responsible for this.
Now, you didn’t ask how you approach your boss about this stuff. Small businesses often have a severe disadvantage of bosses that don’t have a freaking clue what they are doing. They have it in their minds that something is “fair,” and that’s what they go with. You’ll need to be direct as to why this isn’t working for you.
You might want to see what other businesses in your area offer and present that information.
If this doesn’t work, your best option is to start looking for another job.
I know that sucks, but two weeks of total PTO for a salaried exempt employee is below average, and then when he’s making you use it for short absences (assuming that is what is happening here), it really stinks. But, since you have a job, you don’t need to stress about finding a better one. You can take your time and look for whatever is best for you. Make sure their PTO plans are clear before you accept any offer.
Dead Alarm Clock by Akshar Pathak from NounProject.com