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EXEMPT or SALARIED Employees

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1 EXEMPT or SALARIED Employees on Thu May 01, 2014 9:40 am

anonymouslyyours


Arresto Menor
I have been working for a US owned company for 3 yrs now. Lately, I have been getting sick and was in-out of work due to frequency of checkups and some hospitalizations. My cardiologist told me that my condition is stress-induced and that it would help if I had the facility to work at home so she wrote a med cert stating the same. I gave this to the company and they wanted me to file a Medical leave instead of providing me a facility to work at home. I did not take that option since I will not have funds to support my sickness and that I can still work given my condition. Given that I cannot work at home, I tried my best to report for work. However, one day, I saw an email from a colleague of the same level who states that he will work at home bec his stomach is aching. I felt some discrimination given that mine is supported by a medcert and was not given consideration.

Few months after, I was able to recuperate and get back to the office. Since I am a salaried/exempt employee, I was under the impression that when I report at work from 6am-3pm and come out early (say 2pm), there is no need for me to file offsetting. This is because I still answer emails /office calls via mobile after this time.

I have 2 questions sir/madam,

1. If the company states that working at home is really not an option, shouldnt this be an option not available for ALL?

2. As a salaried/exempt employee, do I need to file offsetting of hours. Is it right that I get deductions from my salary if I do not render 8 hrs of work on a particular day at the office, but still render work after I leave?

Please advise. Thank you so much.

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2 Re: EXEMPT or SALARIED Employees on Thu May 01, 2014 12:39 pm

council


Reclusion Perpetua
anonymouslyyours wrote:I have been working for a US owned company for 3 yrs now. Lately, I have been getting sick and was in-out of work due to frequency of checkups and some hospitalizations. My cardiologist told me that my condition is stress-induced and that it would help if I had the facility to work at home so she wrote a med cert stating the same. I gave this to the company and they wanted me to file a Medical leave instead of providing me a facility to work at home. I did not take that option since I will not have funds to support my sickness and that I can still work given my condition. Given that I cannot work at home, I tried my best to report for work. However, one day, I saw an email from a colleague of the same level who states that he will work at home bec his stomach is aching. I felt some discrimination given that mine is supported by a medcert and was not given consideration.

Few months after, I was able to recuperate and get back to the office. Since I am a salaried/exempt employee, I was under the impression that when I report at work from 6am-3pm and come out early (say 2pm), there is no need for me to file offsetting. This is because I still answer emails /office calls via mobile after this time.

I have 2 questions sir/madam,

1. If the company states that working at home is really not an option, shouldnt this be an option not available for ALL?

2. As a salaried/exempt employee, do I need to file offsetting of hours. Is it right that I get deductions from my salary if I do not render 8 hrs of work on a particular day at the office, but still render work after I leave?

Please advise. Thank you so much.


1. The matter must be clarified first as there may be a reason for allowing one to work from home but not another. You cannot assume on this.

2. It may be difficult to determine if you actually do any work after you leave, so you may have to prove it first before you get paid for it. In the meantime unless otherwise approved, it may be correct to deduct your undertime.

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3 Re: EXEMPT or SALARIED Employees on Thu May 01, 2014 2:05 pm

anonymouslyyours


Arresto Menor
Thank you so much for the prompt reply. Appreciate it.

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4 Re: EXEMPT or SALARIED Employees on Thu May 01, 2014 4:16 pm

Patok


Reclusion Perpetua
Unless it is agreed up front, you can not assume offsetting of time is allowed. Also - who told you to render work after office hours?

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5 Re: EXEMPT or SALARIED Employees on Sat May 10, 2014 9:30 am

anonymouslyyours


Arresto Menor
@Patok -

I have a company phone and emails are sent to me even after office, most of them requires me to respond immediately. Shouldn't this be considered work after office hours as required of me, given that I was given a company phone?

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6 Re: EXEMPT or SALARIED Employees on Sat May 10, 2014 3:09 pm

council


Reclusion Perpetua
anonymouslyyours wrote:@Patok -

I have a company phone and emails are sent to me even after office, most of them requires me to respond immediately. Shouldn't this be considered work after office hours as required of me, given that I was given a company phone?

You can't quantify hours answering emails on a phone.

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