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Does the Fair Labor Standards Act (FLSA) Require That the Leave Be Paid?

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Does the Fair Labor Standards Act (FLSA) Require That the Leave Be Paid?

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Whether to pay employees during leave taken by an employee for reasons relating to a contagious disease can be a difficult decision, both in determining company policy and ensuring compliance with the FLSA. An employer should, at a minimum, consider allowing employees to use not only any available sick time, but also any accumulated vacation or other paid personal time-off benefits. However, even if the employee is not eligible for vacation or other paid time off, employers may want to consider the importance to employee morale of paying any individuals kept away from work to protect the employer’s work environment. If an employer is considering not paying wages to employees who are on leave due to the H1N1 virus, the employer will need to consider whether this is permissible under the FLSA. (a) Non-exempt employees If the employee is not exempt from the overtime requirements under the FLSA or applicable state law (typically hourly employees), an employee will not need to be paid when

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