November 2007Newsletter

Wage and Hour Q & A


I have a salaried exempt manager who has just submitted a physician’s certification for an intermittent medical leave under the Family and Medical Leave Act (“FMLA”).  Her FMLA leave request has been approved.  She will occasionally miss a few hours a week on the intermittent leave.  May I deduct pay from her salary for those hours that she misses due to being on the intermittent FMLA leave?


Yes.  The Fair Labor Standards Act does permit an employer to deduct from an exempt employee’s salary an amount proportionate to the amount of time spent on a FMLA leave.  29 C.F.R. §541.602(b)(7).  Thus, for example, if a salaried exempt employee who normally works 40 hours per week takes four (4) hours of unpaid FMLA leave, the employer could deduct 10% of the employee’s regular salary for that week.

For more information, please contact Mitchell W. Quick, a partner in Michael Best's Labor and Employment Relations Practice Group at 414.225.2755, or by e-mail at

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