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Holiday pay while on unpaid leave

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  • Holiday pay while on unpaid leave

    I am a salaried professional on a three week unpaid leave of absence. Am I entitled to holiday pay for the holidays paid to all other employees during my leave?
    Also I attended a two day education seminar during the unpaid leave that is required to maintain my CPA license. Would either of the above situations be subject to salary payment? If not, why and if it is subject to payment to me what can I do if my employer refuses to pay me.
    Thanks for your advise.

  • #2
    Whether you are paid for the holiday or not is depending upon your companys policy. I know our company policy is that the employee must work the scheduled day before & scheduled day after or be on pre-approved vacation leave. Those on unpaid leave do not get paid.

    It is also my understanding that training to continue a license is not considered compansatable time. But someone else will know better than I on that.

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    • #3
      Do you actually work as a CPA? Does your employer require that you maintain your license?
      Last edited by Pattymd; 11-23-2010, 02:41 PM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Assuming that you are both Exempt and Salaried (as defined by the federal FLSA law), then you are subject to docking restrictions on your salary.
        https://www.dol.gov/dol/allcfr/ESA/T...CFR541.602.htm

        I am going to suggest that you need to read the entire regulation, but it is a big deal if you are Exempt and Salaried. There is no holiday or training specific sub-rule in the regulation. You instead to the see how the regulation applies to your specific situations.
        - The general rule is that the employer can legally dock entire days voluntarily not worked or entire workweeks voluntarily/involuntarily not worked. Under 541.602 you have no right to paid holiday for three week pay period that you did not work. Your company policy may give you such a right but there is nothing externally imposed.
        - There is a general rule for non-exempt employees that if your employer requires you to spend time on training that such time is legally "hours worked". Conversely if the state is the one doing the requiring, then it is not legally hours worked. If your employer is simply saying that if you do not maintain your CPA license, you cannot work for them, then likely this is not hours worked per federal DOL. HOWEVER!!! this is a rule I have seen applied to non-exempt employees only. "Hours worked" is generally important to non-exempt employees, not Exempt Salaried employees. Now could federal DOL apply that rule to Exempt Salaried employees in such a way as to trigger 541.602. Sure, why not. Federal DOL can do anything they feel like. But I do not know as a fact that they have done so. Maybe another responder has a harder answer on this point.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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