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Pay for salaried worker on FMLA Minnesota

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  • Pay for salaried worker on FMLA Minnesota

    I know it is the law to pay a salaried exempt employee for a full day even if they only work 3 hours out of that day (for example). At least this is what I have been told by a representative at the DOL.

    Now, if a salaried exempt employee is currently out on approved FMLA but is working from home a couple of hours per day, should they be paid for the entire day such as they would if they weren't on FMLA and only worked a couple of hours?

    Second, if that same employee returns to work from FMLA leave early and plans on working 4 hours per day for a couple of weeks shouldn't they be paid their full wage? This person's current employer is telling them they will only be paid half time.

    Can someone please help to clarify? Thanks!

  • #2
    That is one of the exceptions.

    http://www.ecfr.gov/cgi-bin/text-idx....1.1.23.7.95.3

    (7) An employer is not required to pay the full salary for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act. Rather, when an exempt employee takes unpaid leave under the Family and Medical Leave Act, an employer may pay a proportionate part of the full salary for time actually worked. For example, if an employee who normally works 40 hours per week uses four hours of unpaid leave under the Family and Medical Leave Act, the employer could deduct 10 percent of the employee's normal salary that week.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thank you very much for your reply. This helps clarify.

      Comment

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