CAN MY EMPLOYER REFUSE TO PAY SALARY WHEN I AM OUT FOR SURGERY?

[starling]

I HAVE MY FIRST JOB AS A SALARY EMPLOYEE. MY DOCTOR RECOMMENDED SURGERY DUE TO HIGH RISK CANCER IN MY FAMILY. I REQUESTED THE TIME FROM TO BE OFF FOR TWO WEEKS. A SHORTER PEROID THEN THE 6 WEEKS MY DOCTOR RECOMMENDED. NOW MY EMPLOYER DOESN'T THINK HE HAS TO PAY ME BECAUSE HE PAID SOMEONE ELSE TO DO MY JOB WHILE I WAS GONE. I LOOKED UP US LABOR LAWS AND IT SAID THAT A SALARY EMPLOYEE IS ENTITLED TO PAYMENT WITHOUT A BREAK WHEN OUT SICK, OPPOSED TO JUST TAKING OFF FOR A PERSONAL DAY. I ATTACHED THIS TO MY TIMESHEET AND SUBMITTED IT. I HEARD HE WAS MAD FOR ME DOING THIS. DOES ANYONE KNOW WHERE I CAN FIND THE CORRECT ANSWER???????? THERE WAS NOTHING IN OUR POLICY BOOK STATING EITHER WAY.. TEXAS
Category
Business & Finance > Taxes > United States

[hewlett]

All salaried means is that your pay is determined yearly, not hourly.

I'd be really interested to see what that provision of U.S. labor law really says. I don't believe it says a salaried employee is automatically eligible for disability pay.

I'd be mad if an employee attached something like that to his or her timesheet. If an employee came to talk about stuff, that would be fine. And again, I'll bet it didn't say what you think it did.

[ryscford]

If you did not have sufficient sick leave and vacation to cover your absence, you employer is absolutely right! You do NOT get unlimited sick leave.

[ailwyn]

The first 5 days are usually covered by sick leave. The rest of the time would be covered by your state's disability insurance that you pay into every paycheck. So he's right, he doesn't "have" to pay you but you should take the necessary time your doctor suggests. And you should speak to your HR dept about disability and medical leave where you work.

[jorel]

Unless you are under a contract or protected by a union, you are an at-will employee, even when salaried. You essentially have no right except to getting minimum wage.

[boynton35]

if you checked your state labor laws, that should be the determining factor, the employer has no leeway one way or another, state law prevails