Can deductions from salary of an exempt employee be made for two days of sick leave?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can deductions from salary of an exempt employee be made for two days of sick leave?

My a company provides 3.7 hours of sick leave a month, and no vacation, although
there are fixed summer and winter school breaks. If an exempt employee was to
take 2 full days of sick leave, after already going into negative sick leave,
could these days be deducted from the salary?

Thank you

Asked on October 9, 2017 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The hours could be deducted from salary if there was an agreement with the company that negative PTO results in salary deductions. Such an agreement could be implied from an employee handbook or similar policy statement: that is, if the employee was provided a handbook, memo, etc. which stated that this was the policy and then went into negative leave after having been made aware of that policy, his using additional days after knowing of the consequences would be taken to be agreement or consent to those consequences.
If there was no agreement, the company may not deduct from salary; salary deductions can only be taken with consent. Of course, if the employee does not agree to repay in this way, the company could simply terminate his employment (assuming he does not have a still-in-effect written employment contract preventing termination for this reason; without a contract, all employment is "employment at will"), which means the company could give him the choice between paying or his job. They could also sue him for the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption