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Nov13

Salaried employee pay for FMLA

is an employer required to pay a salaried employee for FMLA?

No, you are not required to pay a salaried employee for FMLA. Leave taken under the federal Family and Medical Leave Act of 1993 is unpaid — even for exempt salaried employees. This is one of the very few exceptions to the US Department of Labor regulation that an exempt employee must be paid the full weekly salary, regardless of the number of hours the employee works.

An exempt employee who takes the entire payroll week off for FMLA is entitled to no payment for the week.

When an exempt employee uses FMLA on an intermittent or part-time basis, the employees regular salary can be prorated. Suppose Sally normally works 40 hours per week, but this week she works only 30 hours and takes 10 hours of FMLA. Sally can be paid just 3/4 of her normal salary for the week.

However, be aware that under the new 2009 FMLA regulations, employees may be entitled to use paid sick leave or paid vacation while on FMLA. In that case, Sally has the option of working 30 hours and taking 10 hours of sick leave or vacation, so that she receives her full salary for the week. As an employer, you can also require that employees use any available paid leave concurrently with FMLA.

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This entry was posted on Friday, November 13th, 2009 at 9:09 am and is filed under
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4 Responses to “Salaried employee pay for FMLA”

  1. Christine Mackley Says:

    We have an exempt employee who, as a result of a work related injury, has been placed on half days (4 hrs per day). We are going to continue to pay her salary, however, can we use 4 hrs. of fml time for the hours she is not working?

  2. hrlady Says:

    Hi Christine,

    The U.S. Department of Labor states that an employer is not required to pay an exempt employee the full salary for weeks in which the employee takes unpaid leave under the federal Family and Medical Leave Act (FMLA). The employer may pay a proportionate part of the full salary for time actually worked. For example, if an exempt employee who normally works 40 hours per week uses four hours of unpaid FMLA leave, the employer may deduct 10 percent of the exempt employee’s normal salary for that week.

    In regards to your question, yes you can only pay for the time the employee actually works. However, if the employee has any paid leave you can substitute that time.

    Thank you for reading the Humanresourceblog.com.

  3. RNUNEZ Says:

    If exempt employees are required to use FMLA why are employers not required to pay exempt employees when they are on call or work after hours?

  4. hrlady Says:

    The Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA) are very different. FMLA provides job protected leave which qualified employers are obligated to offer to all eligible employees, exempt or non-exempt. Under the FLSA, jobs that pass the duties and salary basis tests can be considered exempt from the overtime and minimum wage requirements of the act. Exempt employees are paid an established salary which does not vary based on the quantity or quality of work such as on call or after work hours.

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