Heard it on the Hotline: Partial Day Deductions for an Exempt Employee on FMLA

9/6/2011By Mary K. Frank

Featuring frequently asked questions from Trusight’s Research Hotline.

Question:

Can an employer deduct hourly amounts from an exempt employee’s salary when providing unpaid leave under Family Medical Leave Act (FMLA) without affecting the employee’s exempt status?

Answer:

Yes, if FMLA leave is unpaid, FMLA regulations permit employers to made deductions from an exempt employee’s salary for any hours taken during a workweek for FMLA leave, without affecting the employee’s exempt status under the Fair Labor Standards Act (FLSA). Employers who must comply with FLSA need to distinguish between workers taking FMLA leave and those employees who are ineligible for FMLA leave. For more information on FMLA compliance see the U.S. Department of Labor website: www.dol.gov/compliance/laws/comp-fmla.htm

FMLA permits an eligible employee to choose to use accrued paid time during their FMLA leave. Also, some employers may have a policy requiring use of any accrued paid time during FMLA leave.

There are very limited situations where an employer can make deductions from the salaries of exempt employees.

For more information on exempt deductions, see the U.S. Department of Labor website: www.dol.gov/elaws/esa/flsa/overtime/cr4.htm

If you have questions about this topic or other HR issues, you may contact the Trusight Research Hotline at [email protected].

Trusight in the Media

"The Big Stretch"


"Temp work fueling a slow jobs recovery in Minnesota"