When can an employer not pay a salaried employee for a full day?

January 26, 2024

An employer can typically withhold pay from a salaried, exempt employee for a full day under specific circumstances, as long as it complies with applicable labor laws and regulations. Here are some situations when an employer may not be required to pay a salaried employee for a full day:

  1. Absence: If the salaried employee is absent from work for a full day and has exhausted all available paid leave, the employer may deduct pay for that day. However, if the absence is due to a qualifying reason under the Family and Medical Leave Act (FMLA) or any other protected leave under federal or state law, the employer must provide unpaid leave without jeopardizing the employee’s job.
  2. Personal Days or Unpaid Leave: If the employer has a policy that allows employees to take unpaid personal days or leaves of absence, the employee’s salary can be adjusted accordingly for the days taken off.
  3. Partial Week Work: If the salaried employee starts or ends employment during a workweek, the employer can prorate the salary for that week based on the number of days the employee worked.
  4. Disciplinary Action: In some cases of serious misconduct or violation of company policies, an employer may suspend an employee without pay for a full day or more as part of disciplinary action. However, this should be handled in compliance with company policies and applicable labor laws.

It is essential for employers to be aware of federal and state wage and hour laws, such as the Fair Labor Standards Act (FLSA), as well as any local regulations, as they may vary.  Or, simply call UAP for assistance.  Violating wage and hour laws can lead to legal consequences and penalties.

As laws and regulations may vary and change over time, it is advisable for employers to consult with the legal counsel and HR professionals at UAP to ensure compliance with all relevant employment laws when handling salary deductions or unpaid leave situations. Additionally, clear communication with employees about company policies and leave entitlements is crucial to avoid misunderstandings and disputes.