What are the salary laws regarding FMLA?
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What are the salary laws regarding FMLA?
I am an exempt salaried employee in CT. I work from home 6-7 hours a day due to medical needs that have been approved by my boss. Should I be paid hours worked or my full salary? Can employers rewrite the laws to benefit them utilizing intermittent FMLA?
Asked on April 20, 2011 under Employment Labor Law, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) Remember, Family and Medical Leave Act leave does *not* require that that employee be paid; it can be unpaid leave. All FMLA requires is that an employee be given the opportunity to take up to 3 months leave (or the equivalent in intermittant leave), but pay is voluntary.
2) Technically, a salaried employee should be reduced in pay owing to not working all hours during a day--i.e. if a salaried employee misses 2 hours, he or she should be paid full for that day. HOWEVER, an employer, in the absence of an employment contract to the contrary, can change an employee's compensation at will--i.e. your pay could be cut any time the employer wants to, if you don't have a contract.
Therefore, if you are receiving a mid-to-long term accomodation--being allowed to work from home and/or to work less than full hours--an employer could reduce your salary legally, and many would, since you are receiving a substantial benefit. No law requires an employer to pay someone a FTE onsite salary, for example, when they are neither fully an FTE nor onsite.Therefore, there are legal ways in this situation that an employer could reduce your pay.
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