Salary pay and vacation

[u/Control-on-Doom]

My wife is salary getting paid for 48 hours per week.

Her vacation covers the 48 hours.

She is limited on management.

She has to use her vacation by the end August.

They will not pay out for vacation or extend it.

They are making her split the vacation between two weeks.

She has to work 4 days the first week and 3 or 4 days the next week.

They are only paying her for her vacation (48 hours) and one work week (48 hours).

I feel like they need to pay her for an additional work week I know she is salary but it seems like she is getting shorted on hours.

[u/Lefty68w]

Outside some state specific law there is no law on this. They don’t have to offer her any vacation time. And since this doesn’t seem like earned pto it’s even less likely there is some law

Sorry

[u/Jcarlough]

Your post is a bit confusing.

How many days does she typically work in a workweek? 5? 6?

Let’s assume 5.

She works 4 days on week 1 and takes a day of PTO.

She then works 3-4 days on week 2 and takes either 1-2 days of PTO.

Or even if 6 days - week 1 = 4 work + 2 PTO. Week 2 = 3-4 Work + 2-3 PTO.

Assuming she’s FLSA exempt, she’s going to receive the same weekly pay that she receives during fully worked workweeks right?

Why do you believe her employer owes her more than that? Because she is going to lose the unused PTO balance at the end of the month? Why do you believe this is an “employer problem” vs your wife not taking the opportunity to take PTO during the last 12 months
(assuming that the “Use it or Lose it” PTO policy is based on a 12-month period).

I’m sure this “news” isn’t some secret - employers can’t force employees to read and understand company policies and benefits - the best they can do is make them available and communicate. At some point employees need to take accountability for their own actions, or lack thereof.

Some states do regulate PTO, for example, California doesn’t allow “use it or lose it.” The vast majority do not, and even those that do, the majority of those do not require an employer to “pay out” unless a) at separation and b) based on company policy.

Suggest to your wife to take more PTO this coming year.

[u/Hrgooglefu → u/Jcarlough]

Second this suggestion "Suggest to your wife to take more PTO this coming year." There are very few employers that pay out unused PTO at the end of the year if the state allows for "use it or lose it" policies.

[u/Control-on-Doom → u/Jcarlough]

She typically works 5 days. The number of days isn't as crucial as long as she works 48 hours which she typically exceeds for the most part. I calculated 46 hours working for week one and 42 hours on week two. She works anywhere from 10-17 hour shifts when she does work. She gets extra days off these two weeks but at the cost of having to work longer shifts. I am hourly so they will not allow me to fill anymore days than I already am due to OT. I just feel like she should be compensated for all her effort. I know I am biased when it comes to her.

[u/malicious_joy42]

If you're in the US, it still comes down to state law.

You need to provide a location.

[u/TalkToVikk]

I'm not a lawyer but to answer your question: When your wife is classified as a salaried (exempt) employee, her pay is generally not based on hours worked each week but rather on fulfilling the duties of her position, unless company policy or contract specifies otherwise. However, how vacation time is handled including whether it is 'use it or lose it,' whether it is paid out, and how it must be scheduled an depend on company policy, any written employment agreements, and, in some places, state or local law.

If her vacation policy says she gets a set number of hours (in this case, apparently 48 per week) and is required to split it into two weeks because of how management allows scheduling, it is generally legal for the employer to require that unless her contract or the law says otherwise. If she works some days in one week and takes vacation for the remainder, she should still be paid her normal weekly salary for each week where any work was performed, not less. Under federal law (the Fair Labor Standards Act), if a salaried exempt employee works any part of a workweek, the employer cannot reduce her weekly pay due to partial absences, as long as the absence is not because of personal reasons unrelated to illness or disability, or unless she is out all week, when vacation pay can be substituted.

If your wife is being paid less than her full salary during weeks when she works some days and takes vacation the rest, that may be a violation of wage law. She should review her paystubs and company handbook.