What is the actual legal policy on employees that are salaried. Is it common place to take increments of time even if they work longer hours other days?

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I think this varies a lot by company and country. Salaried roles often expect flexibility both ways, but if it consistently leans one way, that is where problems start.

What do you mean by "take increments of time"?

In the US, if an exempt ("salaried" is not a legal classification) employee works a single hour in a week, they have to be paid for the entire week. You can take the other 39 hours out of their PTO, but they have to be paid for the full week.

Focusing on how many hours an exempt employee works each day can be very dangerous, because then you're treating them like a non-exempt ("hourly") employee, and you could be forced to make them non-exempt and pay them overtime for every hour over 40 in a week (or 8 in a day in CA).

But, again, an answer depends on what you mean by "take increments of time."

In that situation, I would not make them use sick time. "Comp time" is legal for exempt employees, but not non-exempt.

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