Question: Can we deduct from an exempt employee’s salary when they’re on intermittent FMLA leave?

Answered by the HR Experts

This content is provided by the HR Pros with Mineral HR.

Answer: Yes. If no paid leave laws apply and you don’t offer any paid time off, you can deduct from an exempt employee’s salary for leave designated as Family and Medical Leave Act (FMLA), even if that leave is taken intermittently. FMLA leave is one of the instances in which you’re not required to pay an exempt employee’s full salary for the week even if some work was done.

However, if an employee has paid time off available, they can choose to use that to cover some or all of their FMLA leave. You can also require the employee to use available paid time off for their absence as long as they’re not also receiving a wage replacement benefit, like disability insurance.

Nicholle Peterson, Benefits Plan Manager comments, 

 “The FMLA specifically allows such deductions, even if the employee works part of the week. However, if the employee has accrued paid time off, they may use it, or you may require its use to cover the absence, provided no wage replacement benefits are being received.”

To learn more about our online tool, Mineral HR, contact Nicholle at (320) 214-2921.

This Q&A does not constitute legal advice and does not address state or local law.