Voluntary Unpaid Days for Exempt Personnel

We have some exempt employees that want to take unpaid days off, even though they have sick and vacation they could take.  Is this legal if they want to take a full day off without pay?




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  • Yes, an absence for personal reasons other than illness or accident is permissible, and the employer has no obligation to pay under the Fair Labor Standards Act.

    You should check your own state to be certain but, from a federal perspective, the employer may require the employee to use paid time off for these voluntary personal absences.

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