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Is it permissible for an employer to deduct pay from an exempt employee’s salary for taking a day off for personal reasons without destroying the Fair Labor Standards Act (FLSA) exemption status?
Yes, as long as the personal day is not due to illness (deductions are also allowed for day(s) missed for illness as long as certain criteria are met). This personal exemption is for full days, not partial days. Employers should also note that if an exempt employee, on a personal day, is performing work by utilizing electronic systems (responding to work related emails, voice mails, text messages, etc.), no deduction is allowed.
Exempt employees are paid on a salaried basis, meaning that they receive their same salary in their paychecks from pay period to pay period. Deductions from an exempt’s pay are allowed but are limited such as those allowed for “full days” off for personal reasons.
For more information on these limited allowed deductions, click here.
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