Can employer deduct sick day from overworked exempt employee?

Can an employer deduct time from a sick leave bank to accommodate an exempt employee's leave taken if less than a full day - especially given the condition that "overtime" worked by exempt employee during that pay period far exceeded partial day taken for sick leave? I'm in Florida.

Rita Risser's Response:

I don't know about Florida law, but under federal law there are two issues raised. First, can they deduct sick time even though you're working more than 40 hours a week. Yes, they can.

But second, if they do that, it may impact your status as an exempt employee. As long as they deduct from a sick leave bank, what they are doing is legal. But if you run out of sick leave and they start deducting your pay for less than a day's absence, according to a recent U. S. Supreme Court case, that may destroy your exempt status. Then you would be entitled to time-and-a-half for all the overtime you worked, going back two or three years.

I suggest you start keeping track of your overtime hours worked, and if any exempt employees start having their pay deducted for less than a day's absence, file a class complaint with the Department of Labor.

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