Can my wife be docked pay if she was out of work for 1/2 day increments for 2 weeks due to a medical issue but during this time was fielding calls from co-workers?

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Can my wife be docked pay if she was out of work for 1/2 day increments for 2 weeks due to a medical issue but during this time was fielding calls from co-workers?

My wife was out of work for 1/2 day increments for 2 weeks due to medical issue. During her 1/2 days off work she was fielding calls from employees. Can her employee deduct the 1/2 day increments from her paycheck even though she was fielding work related calls during those 1/2 days that she was suppose to be out of the office?

Asked on May 1, 2012 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your wife were a salaried employee, she should not have her pay docked for less than full day absences.

If your wife is an hourly employee, then she needs to be paid for the time she spent actually doing work.  If her offsite work was fielding some phone calls, but not working other than when called, the most legally correct way to compensate her would be to pay her for that time she was actually working/on the phone. For example: say he was out for 4 hours one day, working another 4 hours, but during the time she was out, she fielded several employee calls, which took up a total of 1/2 hour of her time. She should then be paid for 4 1/2 hours for that day.


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