Can a salaried employee asked to take unpaid leave?
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Can a salaried employee asked to take unpaid leave?
I am a salaried employee. A recent holiday schedule came out and we are being
asked to take vacation, sick time or unpaid leave on 2 days this year, 12/26 and 12-31, are both regular work days. Obviously I am grateful for the extended time off, however if given the choice I would come in to work and earn my normal salary. Is it legal to force vacation, sick or unpaid leave on a salaried employee?
Asked on November 16, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, it is legal. An employer decides when they are open for business, not employees. While salaried staff do not have their pay cut if they miss a few hours in a day, so long as the work at least some time that day, if you don't work at all, the employer does not have to pay you for that day--and if they tell you to not work or they close for the day, you cannot legally work against their wishes. So they can close those days and tell employees that they will not be paid for them unless they choose to use paid time off.
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