Unpaid leave as an exempt salaried associate
4618593
3 Posts
To my understanding, the only "legal" way in which a salaried exempt employee may take unpaid time (less than 40 hous) off is for FMLA purposes, or no vacation/personal time is available. Can anyone please verify my assumption?
Comments
Close, just a few clarification points.
Exempt employees must be paid for any week in which they perform work. There are a few narrow exceptions:
If they are on an approved intermittent FMLA leave they may take leave without pay in any increment in use by the employer (if you record time in quarter hours or 10 minutes or whatever it is).
If the company has a bonafide leave/vacation/sick policy(ies) and the employee is out of leave they may take leave without pay in FULL DAY INCREMENTS only.
Exempt employees can not take leave without pay in less than full day increments except for when it is covered under an approved FMLA.
[quote user="4618593"]Thank you. That is precisely what I meant. This person basically wanted to take a day or two off without pay, yet still has available accrued time to use. FMLA is not a concern here. [/quote]
You may deduct a full day's pay for a full day of no work when work was scheduled to be performed if the cause of absence was personal business other than illness or injury.
Side note on the full week's pay thing: that doesn't apply to the first and final weeks of employment.