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Oct 10, 2013

Do we have to pay our exempt employees while they are on a one or two day military leave?

Q&ALeave LawsWage and Hour 

Q: We have an exempt employee who is in the National Guard. He requested a single day off for duty. Since he’s a salaried employee and he’s working during that pay period do we have to pay him his full salary?

A: Just like with jury duty, you do have to maintain the salary of exempt employees during temporary military leave unless the leave is for a full workweek or more. You can, however, offset his salary with his military pay so that he’s not making more while on leave. Since you should treat military leave at least as favorably as other types of comparable leave, you should only do a salary offset if you also do it with people on jury duty.

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.

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