XPost - OT - Regarding Time Off - Do you think this is right???

I am steamed y'all!

I ended up taking 17 business days off for my RNY.  I had hoped to come back sooner, it just didn't happen for me.

Prior to leaving I had 10 vacation days left for the year.  So I figured that I would be able to apply my remaining time off for the year and would owe my employer 7 days (to be docked from my pay) for the overage and that if I miss anymore days this year (which I don't typically miss work) that those would be docked from my salary as well.

Today my boss calls me into his office and tells me that I owe him 17 days and he wants to know if it is ok to not pay me for the next 2.5 weeks to get "his money back".  I was floored.  I asked him what about the 10 days of vacation that I have left for the year and he told me that because we accrue it on a monthly basis that he cannot let me use what I have not yet earned.  So he wants to to dock my pay for 17 days and let me still have 10 more days off this year???  That just doesn't make sense to me! 

Now let me say that I have worked here for 3 years now and am the Branch Manager.  He acts like I am just trying to rip him off.  I have successfully managed his business for years and now I feel like he doesn't trust me at all.

The company is very small and I think that he feels like he can do anything he wants because a lot of employment laws don't apply to businesses with under 5 employees.

If he wanted to dock me for the 7 days on one check it would hurt but I would manage.  But not pay me for over half a month?  DAMN...I got bills to pay like everyone else!!!

I just don't know what to do...

I'm so sorry, I don't really have any advice. I just wanted you to know
that I FEEL BAD FOR YOU.

Can you talk to someone over his head?  An HR department?

YEAH I AGREE WITH YOU!  THAT IS CRAPOLA with a double capitol "C"!

How on God's green earth does he expect you to survive almost a month on zilch pay?  You have bills to pay, and have to eat! That is just the pits.

Hmmm can you kindly ask, "Would you be able to survivie financially if you did not receive a months' worth of pay?" and expect him to answer. 

Very small company.  He's the owner, I am the manager of the office and there is one sales person.  That's it.

He's loaded so I honestly don't feel like he can understand what I am going through.  The sales person is always crying poor and he is always trying to find ways to help her.  I guess because I don't cry and I am not fiscally irresponisble he feels like he can just force me into this.

Oh well.  **** happens!

 Yeah, that's crazy. I would see if they could be reasonable and take it out over a several months, if they paid you for time that you didn't actually work, that's their fault. I'd see no reason why a reasonable employer couldn't do that, they have to understand people have bills and other needs that require our pay, else why would be come to work.

We went through some similar stuff like that with my wife's work and had to raise hell about it, they just kept submitting hours like she was there, the money went into our checking and being that we had bills and at the time medical expenses (x2 since we had surgery very close to each other) it got used. My opinion it comes down to stupid bosses.

I'm thankful to work for a small company that pays me if I'm out for up to 6 months, no reduction in pay, same as if I'm there. I'm very blessed.

I wish you luck, it sounds like a really crappy situation. 

I think I would have to utilize my lunch hour looking at the Classifieds.  Let him ask what I was doing.  Then say "looking for a part time job that will feed me and pay my bills for the next 3 weeks".  

He sounds like a real *****! Sounds like it is time to go job hunting. Not to rub salt in the wound, but my company paid for the entire time I was recovering from surgery, and did not even deduct it from my vacation hours. They said I could take up to 6 months off, fully paid. Of course, I only needed and took 2 weeks off and came back the third week. But it was nice to know that I still have 3 weeks of vacation that I can use later in the year. They also paid 100% for the hospital stay, so the total cost of RNY surgery was only $500.00.

Do you think he was bitter that you took 17 days off? Maybe he had to do his job and yours during that time and he is pissed? Maybe he is trying to be as mean as possible hoping you will quit and he won't have to extend you unemployment benefits? Just some thoughts here...

I am so sorry for the bind you are in. How awful....

Man...where do you work??!?!?  Those are awesome benefits!

I really don't know what is happening.  He has never been like this with me before.  One of my coworkers used EIGHT days in January and he didn't do this to her, he let her use her unaccrued days.

Part of me thinks that he is just struggling financially (really small company) and is looking to cut some fat.

What he doesn't realize is that this has KILLED my morale and yes, I am looking for another job. 

Oh--I am so sorry--feeling unappreciated at your job isn't beneficial to you or your employer.

Of course, first I am going to approach this from a legal standpoint.  Your employer, regardless of how many employees he has, knows that this is a right to work state and in your size business you are not covered under any of the prevailing FMLA (Family Medical Leave Act) laws.  You are not working under a prevailing legal contract & you can be terminated at any time for any reason (that does not violate discrimination, etc. laws).

As far as benefits are concerned and how they accrue, this is the prevailing term that employers follow:

      Sick leave may not be taken until accrued and may not be advanced. When possible, e.g., medical appointments, it must be approved in advance by the supervisor. Failure to follow departmental procedure in requesting leave may result in the use of leave being denied.

And, it is perfectly acceptable for them to do so.

Of course, hindsight is 20/20, but sitting down w/your boss before surgery & discussing paid leave is always a good idea to make arrangements before you go.  At this point, my suggestion would be to sit down w/your boss and explain that if they do have to dock your pay, you need them to do that over a period of time so that you have an income.  Afterall, you don't work for free!

Thanks for the post.  I work in HR and understand all the laws, that is why I know that I really have no leg to stand on, legally.

The worst part is that I DID sit down with him prior to my surgery and he said I could use my time that is to be accrued for the rest of the year.  I rarely take off work and he usually ends up paying me my left over PTO at the end of the year because it does not roll over to the new calendar year. 

After I ended up having to take more time that originally planned, then he decided to say NO, I can't take my yet to be accrued.  That is what really ticked me off about the whole situation.  I know that it was a burden on the office with me being gone longer than originally planned and it is almost like he is trying to punish me for it. 

One of my co-workers used oer 3/4 of her PTO days in January and he did not dock her check.  But when I brought that up he said that he handles things like this on a case-by-case basis.  (This is when the steam started coming out of my ears.)

What's done is done.  I am just going to let him dock my check and leave it in the past.  And I have freshened up my resume as well...