Publication

November 2007Newsletter

Wage and Hour Q & A

QUESTION:

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?

ANSWER:

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 mwquick@michaelbest.com.

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