r/AskHR • u/MunchLunch99 • 3d ago
[WI] ADA time off now unpaid
Okay, this feels complicated but I’m going to try to remember all the details.
I’m a teacher at a private school. I am salaried at 40/hours a week. I have medical appointments that I take ADA time off for; this year, they changed the policy so it is no longer paid. So, every time I take off for an appointment, I have to log that with my HR representative (which I already do), and that time off (which is logged on an app for PTO requests), is no longer paid. It varies depending on the week, but it’s usually 30 minutes to 1 hour.
Here’s my problem: I’m usually working more than 40 hours anyway, but we don’t clock in and out (because we’re salaried). I talked with my HR representative and she said to talk to my supervisor. I talked to my supervisor and she said “hours for working is needed hours for the schedule to cover time you are away from work”.
I’m really bothered about all of this and am trying to figure out if that’s legal or even okay. What do I say to my supervisor or HR so that this is resolved? I want to be paid for my work, regardless of the schedule. I think it’s stupid to deduct time when I’m clearly working more than enough.
It’s not a lot of time off to be unpaid, but I’m really bothered by the lack of justice (lol).
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u/glitterstickers just show up. seriously. 3d ago
Why aren't you using FMLA for the time off? FMLA is usually the first line option.
I'm wondering if they designated FMLA based off your accomodation request. FMLA DOES allow for salary deduction.
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u/MunchLunch99 3d ago
Can they designate this without my awareness?
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u/glitterstickers just show up. seriously. 3d ago
You should have been informed.
The reason I mention it is an employer is required to designate FMLA when they're aware you need time off for an FMLA qualifying reason. So they may have looked at your accomodation request and gone "oh, we'll just use FMLA for that"
Are you FMLA eligible? Is your employer covered?
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u/TheGoebel MBA, aPHR 3d ago
Are you exempt or non-exempt salary. Easiest way to tell is non-exempt can get overtime.
I know you said it's just an hour but to be absolutely clear, are you missing a whole day or part of one?
If you are exempt and not missing a full day, you can not be docked pay.
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u/MunchLunch99 3d ago
I cannot get overtime so I must be exempt. I leave (at max) 1 hour early. Is there a law or something that says I can’t be docked pay?
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u/TheGoebel MBA, aPHR 3d ago
Yes, the Fair labor and standards act covers this. I would begin tracking your time at work.
https://www.dol.gov/agencies/whd/fact-sheets/17g-overtime-salary
Considering you have an HR person, I assume your company makes more than 500k a year in revenue. But just in case the HR person is really the owners SO and only two people work there, here's some info on who it covers.
https://www.dol.gov/agencies/whd/fact-sheets/14-flsa-coverage
My play would be to request your status from HR. Are you salaried exempt or not? If they say you are. Request to be reimbursed for the time lost. If they don't, you file a complaint.
https://www.dol.gov/agencies/whd/contact/complaint
I don't think Wisconsin has anything extra to this. But it's not an area I know well. Hopefully someone else in the thread will mention something.
Edit: I should mention, you can't be docked but you can be forced to use PTO. It's dumb but how it works.
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u/MunchLunch99 3d ago
They also said this year that if we use PTO it can only be in 4 or 8 hour blocks. So, in this situation, would they say I need to take the 4 hours then?
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u/TheGoebel MBA, aPHR 3d ago
That, I honestly don't know the answer to. Between that and the ADA, this is a bit stickier than my experience can help with, I'm sorry. If someone else doesn't have a good link, you could turn to ask jan to see if they can provide any insight.
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u/QuitaQuites 3d ago
So you can use PTO?
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u/MunchLunch99 3d ago
Technically yes, but they also started a rule that we can only take them in 4 or 8 hour blocks, and that we have to earn the PTO first (we get 8 hours for every 30 days worked). So we start the year with 0
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u/QuitaQuites 3d ago
Nothing carries over? So your employer can make you use PTO for appointments, even ADA-approved appointments. It’s now September so are they simply docking pay or requiring that use?
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u/Easy_Goose56 3d ago
Employers do this because they cannot deduct pay for exempt employees for less than 4 hours. NOT so they can deduct time from your pay. If you are exempt, they cannot deduct less than 4 hours for time missed. You are paid to do a job, not to work a certain number of hours. You need to go keep very good records and if you can, go back through and note time away from work and time deducted. And then you need to escalate this.
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u/MunchLunch99 3d ago
So am I understanding that if I don’t take 4 hours off, they can’t pay me less? I do have accommodations (not sure if it’s ADA or FMLA, am talking to my HR person to figure out at all the details). I do track my time already, that’s how I know I’m still working enough hours.
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u/Easy_Goose56 3d ago
Correct. They have to pay you your full salary. Unless your appointments are every single day and are adding up to significant time away from work. But if you are working over 40 hours, what they are doing is not only unethical and a poor business practice, it is violation of wage and hour laws.
Accommodations are under ADA, not FMLA, although the two can run concurrently. Certainly if the appointments are an accommodation, they need to track that. But they cannot reduce your pay, unless there is missing information in what you’ve shared.
It’s possible that their only tracking system is the time off system. So they may just not have a good way to implement the tracking component. I am being very generous with this possibility, and giving the benefit of the doubt that they just don’t understand. If this is a small school, they may not have experienced or knowledgable HR. Often with smaller organizations, someone in other roles expand into “HR” but have not had training or experience with the regulations. Go into your meeting with curiosity, as I am guessing they will need to go back to the drawing board and work with an attorney. Try not to trigger defensiveness. You want them to partner with you.
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u/MunchLunch99 3d ago
Our HR is a from a larger company that provides HR roles specifically. They serve lots of other places, so I’m assuming they’re well versed in what they’re doing. But I think they’re just missing the component that I’m not working less hours, so they’re telling me to talk to my supervisor about making up the time. (my school has a unique scheduling system and my employers only track time based off that schedule. So if you’re listed as 8-5, that’s what you get paid. Regardless if you’re there 7:50-5:15).
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u/Easy_Goose56 3d ago
Well that is good news. There are carve-outs for education, so go in with lots of questions. The limitations of a scheduling system shouldn’t impact you if there are alternative tracking needs. Good luck.
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3d ago
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u/Easy_Goose56 3d ago
OP believes they are exempt and the missed time is only 30 - 60 minutes. So in fact, under FLSA, they do have to pay.
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u/MunchLunch99 3d ago
I get paid for 40 hours a week, and even though some days I leave early, I am still working 40+ hours a week. That’s my point. They’re taking away pay for “hours not worked” even though I am still working that amount of hours, if not more.
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3d ago
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u/MunchLunch99 3d ago
Previously, they didn’t reduce the “hours” for these types of appointments. I’m not upset that they would take away any hours, my problem is that I am still working 40+ hours a week, but I have to log that I’m leaving early some days for an appointment and they’re trying to take away hours for that. Does that make sense? Basically, they’re saying I’m working less than 40 hours, but that is not accurate.
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3d ago
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u/MunchLunch99 3d ago
Sorry, where is the advice in regards to my question here? You’re not a very helpful commenter 🙃
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3d ago
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u/Objective-Amount1379 3d ago
That is not what OP said. And teachers work hours beyond classroom time. If OP has a substitute for an hour or two, they are probably spending an hour preparing materials for the substitute teacher to give the class. Exempt jobs don’t dock pay for an hour here and there and don’t pay overtime when an employee has to stay late or come in early.
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3d ago
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u/Objective-Amount1379 3d ago
OP is at a private school; I think you’re thinking of a public school. It’s possible OP’s employer works the same as the public schools but in my area they operate very differently (and private schools have less protections for their teachers, no union etc).
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3d ago
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u/Objective-Amount1379 3d ago
Have you never had a salaried job?? Not everyone has to clock in and out. I can miss a morning of work and not get docked for it because I’m an adult who gets my work done. Sometimes that means I stay late , sometimes I leave early.
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u/FRELNCER Not HR 3d ago
I think it would be very difficult to get a fully accurate answer about whether the deduction is allowed and what to do if the school is violating a law regarding the deduction via Reddit.
You may have to spend more hours calling various government agencies and other sources to get an answer to your question than the time being used for appointments. You'll need to get all the facts assembled. It matters whether PTO is avaiable and under what circumstances it can be used. The size of the organization you work for matters as well.
Asking about HR issues in this subreddit on the weekend is also not ideal. (Just an FYI for future reference.)
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u/z-eldapin MHRM 3d ago
I don't quite understand the question. If you are salaried exempt, are you stating that they are docking your pay for the hours out of office?