Who do you go to at work when you can't trust the Human Resources Rep. Caught her in many lies.?

[jabarl]

This is just one of them. I am looking for the specific document(s), paragraph(s) under Federal and/or MICHIGAN state law that pertain to the following.

In May I was in an automobile accident. The company paid my salary for the entire two weeks I was off. However, beyond my available Sick PTO, the remainder of the 80 hours was paid and my sick time was driven 37 hours negative. I didn't request this and there is no written company policy covering this. My auto insurance company was supposed to pay me for this time but couldn't because I'd already been paid.

In October my daughter was ill and I was absent for 4 days. Since my Sick Time had not yet come back into the positive, I was paid for the time off and again, my Sick Time was driven further negative. This occurred in spite of the fact that both times I requested to have the time unpaid.

As a result I received a written warning for my personnel file stating that any further absences that drove my PTO negative would result in further disciplinary action. When I told my boss that I believed it was wrong for HR to say they "had" to pay me in May, she said she didn't know anything about the laws and was just documenting what happened based on HR's input. So I believe I had no representation during the meeting.

The HR Rep claims that by Department of Labor Law, since I am salary-exempt, she has no option other than to drive my PTO negative.

I have searched for hours but can't find this in writing. I have requested the HR Rep to inform me of the specific location of this regulation but she hasn't responded to the request.

I am feeling extremely vulnerable with the lack of written company policy and the lack of legal information.

Additionally, The 2 weeks in May was covered under FMLA. I've had no previous attendance issues in the 5 years I've worked for the company.

Today I told my boss what I'd discovered about the FSLA requirements(regarding non payment if FMLA is involved). She shrugged her shoulders and walked away.

[burt]

I agree with Johan. Speak to a labor lawyer. From the response of your boss, it almost seems as if you are being taken for granted.

[jabarl]

Make sure all communications between you and HR are in writing. When the poop hits the fan, get a labor lawyer. HRs might rule the workplace, but lawyers still scare them.

[ji]

Natialie,

Seems your question is more wondering if and what they did, 'Was it legal and how can I protect myself financially, emotionally and mentally'?
What I keep finding is, it seems there is no set law but is individual company policy. You need to get your hands on a company manual (if one exista) and see what's in there pertaning to PTO.
Mostly what I found had to do with the legalities of someone collecting their PTO when they terminate employment with their employer.
One idea is to contact an Atty. online and for just a few dollars usually you can get answers. The catch is to be very precise in your statements and questions so they can answer you just as precisely.
Now from what I'm finding in my research, I don't see anywhere how or why your company would pay you and put you in the negative especially when you requested to not be paid and with what you stated about FSLA and FMLA.
That might be another good question for you to ask. Is this normal for companies to do this? You might possibly get another angle on this issue in your answers.
This is only my gut feeling because I'm not an employee and have never had to deal with these issues, but it seems your company screwed up and to cover their bums you are getting heat.
This feels to me like a control issue.
How would this be handled if you were to find employment with another company? Would you OWE them? ... just a thought bouncing around in my head.
http://www.washington.edu/admin/hr/ocpsp/flsa-ot/flsa.html
"Other Laws & Collective Bargaining Agreements"
"When state laws differ from the federal FLSA, an employer must comply with the standard most generous to employees."
How is them paying you, driving your PTO into the negative especially when you were covered by your auto insurance being "generous" to you?
Hmm, no company policy, a boss that shrugs and walks away and a HR dept that doesn't seem to handle PTO correctly ... the more I look at it the more I think....contact an Atty.
And start looking for a new job. Learn something from this.
EVERYTHING, EVERYTHING, EVERYTHING, should be in writing!
Contact a local Atty that specialiazes in Labour Law. Most Atty's will give free a half hour consultation.
Keep your cool and your head about you...you will get it sorted.
I'm curious, let me know how things work out for you.
D