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Deduction of Pay for Exempt Employee Using FMLA in Washington State
posted at 1/16/2012 1:16 PM EST
on Workforce Management
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Posts: 3
First: 1/16/2012 Last: 4/22/2013 |
I am trying to understand our obligation to an exempt employee that has intermittent leave certification for a serious health issue under Washington State's FMLA. He has exhausted all of his paid leave bennefits and continues to have both partial and full day absences covered by the certification. We are being directed by our corporate offices to handle his uncovered instances (i.e., he does not have paid leave bennefits to cover the absence) of FMLA as unpaid only if they are full day absences or more. The employee has consulted a Lawyer and has done some research of the WAC and is under the belief that we cannot reduce his pay unless he is out for a full week or more. I have read the WAC but am still unclear as to whether we are legally deducting pay if done so in full day increments. Any advice is greatly appreciated. |
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Re: Deduction of Pay for Exempt Employee Using FMLA in Washington State
posted at 1/17/2012 1:21 PM EST
on Workforce Management
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Posts: 180
First: 9/21/2011 Last: 5/14/2013 |
http://apps.leg.wa.gov/wac/default.aspx?cite=296-128-532 When are deductions from salary allowed? (a) If the employee performs no work in a particular week, regardless of the circumstances, the employer may deduct for the entire week. (b) When the employee takes at least a whole day off for personal reasons other than sickness or accident, the employer may deduct in full day increments. (c) Deductions for absences due to sickness or disability may be made in full day increments if the deduction is made according to the employer's bona fide plan, policy or practice of providing paid sick and disability leave (other than industrial accidents or disability). (i) Deductions are permitted when either leave is exhausted or the employee has not yet qualified under the plan. (ii) Deductions are permitted even if an employee receives compensation under that plan or under workers' compensation laws. (d) When an employee is eligible for the federal Family and Medical Leave Act 29 U.S.C. Sec. 2611 et seq., deductions may be made for partial day absences due to leave taken according to that law and the applicable provisions in chapter 49.78 RCW. (e) In the first and final week of employment, an employee's salary may be prorated for the actual days worked. (f) Deductions are allowed for disciplinary absences that are imposed for violations of safety rules of major significance. This includes only those relating to the prevention of serious danger to the plant, the public, or other employees, such as rules prohibiting smoking in explosive plants or around hazardous or other flammable materials. (g) Deductions are allowed when authorized under RCW 49.48.010, 49.52.060, or WAC 296-126-025. I BOLDED the part that applies.....I am not seeing anything that changes under Washington State law...everything I am finding refers back to the Federal FMLA/wage laws on this one. And this deduction does follow federal law. As the employer, you are being more generous than the law allows for by only deducting for full days missed. You could deduct for any FMLA time missed. |
Forums » Topic Forums » Legal Forum » Deduction of Pay for Exempt Employee Using FMLA in Washington State
