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Military leave starts Tuesday: Pay for full week?

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in FMLA Guidelines,Human Resources

Q. One of our exempt employees is in the Reserve. He is going on a two-week training session that starts on a Tuesday. That means he will work on Monday, the start of our week. Do we have to pay him for the whole week when he is only going to be here Monday? — J.V., Florida

A. Yes, you must pay him for the week. In order to be exempt, employees must receive their full salaries for any week in which they perform any work, regardless of the number of days or hours worked in that week. There are a few exceptions. However, employers may not make deductions from pay for absences of an exempt employee for temporary military leave. (29 C.F.R. 541.602(b)(3))

Note: You may, however, offset any amounts the employee receives from military pay against his or her salary without losing the exemption.


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