GDP Blog

If Your Exempt Employee Works A Partial Day You Still Have To Pay

Posted by John Powter

Jul 18, 2015 9:53:44 AM

There may be policies in your Employee Handbook that should be reviewed and potentially revised to ensure compliance with the law regarding docking pay for exempt employees. In May we published things you should know in HR.

Typically, exempt employees must be paid a full day’s salary even if they have had a partial day absence. An employer may deduct pay from an exempt employee for any workweek in which no work is performed by the employee.

There are a few instances where partial-day deductions can be taken from an exempt employee pay:
• For violations of safety rules of major significance.
• For partial-day absences specifically mandated under the  Family and Medical Leave Act (FMLA).
• In the employee’s first and last weeks of employment if the employee does not work the full week.

Some policies that may contradict these exemptions could be those regarding absences for reasons such as Military Leave, Jury Duty or Witness Leave.

Under the Fair Labor Standards Act (FLSA) if a salaried employee performs any services for an employer in a week when they are absent for military duty, that salaried (exempt) employee must be compensated for the entire week. The employer, can, however, offset any amounts that the employee received as military pay.

The same is true with regard to Jury Duty. If the exempt employee performs any work for the employer during a week, they must receive their full salary for that week. Employers may deduct the amount the employee received from the courts as a juror or for witness fees.

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Topics: Compliance

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