Can an employer require an exempt employee to use accrued paid leave during a part-week shutdown?
A. An opinion letter dated November 20, 1995, issued by the U.S. Department of Labor, states that the employer may not require exempt employees to use accrued leave for absences occasioned by the employer. However, the U.S. Department of Labor has revised its enforcement policy and now relies on opinion letters issued on February 15, 1994 and April 6, 1995. The DOL´s current interpretation is that an employer may require the use of paid leave, so long as the employee receives his or her full weekly salary. This means that an employee who has exhausted all paid leave must nonetheless receive his or her full weekly salary when a part-week shutdown occurs. Click here to read the text of the above-cited DOL opinion letters.
Related Questions
- Can an employer require an employee to use more than two weeks of paid time off during the period the employee is claiming Family Leave Insurance benefits?
- Can the employer require the employee to take accrued paid leave during the one week waiting period?
- Can an employer require an exempt employee to use accrued paid leave during a part-week shutdown?
