Legal Question in Medical Leave in New York

fmla for exempt employee

if an exempt employee is out on family medical leave and comes in to work for one day, can we pay the employee for just one day or do we have to pay the whole week's salary?


Asked on 9/18/08, 1:43 pm

1 Answer from Attorneys

Jennifer Weil Jennifer N. Weil, Esq.

Re: fmla for exempt employee

Generally, an employee paid on a salary basis must be paid for the entire week in which they perform any work without regard to the number of hours or days worked. However, deductions may be made for sick days or FMLA leave days if the employee's leave allowance is already exhausted and if it is done according to an employer plan providing compensation for those absences. You should have a written policy regarding FMLA in your handbook.

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Answered on 9/18/08, 6:00 pm


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