Fair Labor Standards Act - Leave

edited 2/2023

When an exempt employee is absent from work for less than one (1) scheduled workday and their accumulated leave is insufficient to cover the partial day of absence, the employer will:

Deduct the cost for such leave in hourly increments from an exempt employee’s salary; or,

Place the exempt employee on leave without pay, if so requested by the exempt employee.

Such action by the employer will not disqualify the exempt status of the employee’s position (29 CFR § 541.5d).