Legal Question in Medical Leave in Virginia

Exempt Staff on FMLA

If an exempt employee goes out on intermittent leave under FMLA and 1. comes into work for 3 hours and then leaves due to FMLA related illness...

2. and does not have any vacation or sick time accrued

3. may we not pay him/her for those 5 hours or because they are exempt do we have to pay them even though they are on FMLA


Asked on 9/18/08, 4:25 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Exempt Staff on FMLA

All leave taken by an employee under FMLA is taken without any requirement that the employee be compensated for this time by the employer as it is by definition unpaid leave.

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Answered on 9/19/08, 1:52 am


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