WAGE & HOUR and USERRA

thompson · June 2009

If an employee (parttime- salaried) is in the military (active duty - fulltime) and is being sent out of town for the military for a couple of days and the employee opts not to use his PTO, must we pay the employee for the entire week since he is salaried? I can't find the regulations/law that discusses this. Thanks.

joannie · June 2009

Can you give us a little more information? Is the part-time salaried position exempt or non-exempt?

thompson · June 2009

I am sorry, it is an examp position.

sonny · June 2009

Also, is it active duty or training. .Our state laws dictate some of what we do, might check yours. .They are more generous than USERRA in some areas. We would pay.

thompson · June 2009

The employee is active and is in the medical field and the employee will be drawing blood in another state for the military.

joannie · June 2009

If I understand FLSA, exempt employees can be docked for days not worked in full-day increments only. If they work any portion of a day, they must be paid for the full day. Exception is partial days under a written sick leave plan.

Holly Jones · June 2009

Exempt employees may be docked in full day increments when the absence is for personal reasons. If less than a full day is missed for personal reasons, then salary can't be docked, but PTO can.

However, military duty isn't a "personal reason." If the employee is out for the entire week then you don't have to pay the salary for the week, but if the employee performs *any* work in the given week, then you have to pay the full salary. (You can, however, subtract the amount of any military pay received).

WAGE & HOUR and USERRA

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