Best Workers' Compensation Lawyers in Birmingham, AL

The FLSA and Sick Time The Fair Labor Standards Act (FLSA) does not require employers to provide paid sick leave to their employees, including salaried employees. However, many employers do offer paid sick leave as a benefit to their employees. In such cases, the employer's policy and any applicable state or local laws will dictate whether or not salaried employees must be paid when they are out sick. Exempt vs. Non-exempt Employees The FLSA distinguishes between two types of employees: exempt and non-exempt. Exempt employees are not eligible for overtime pay, while non-exempt employees are eligible for overtime pay for all hours worked over 40 in a workweek. Generally, exempt employees are salaried, while non-exempt employees are paid an hourly wage. Sick Leave for Exempt Employees Salaried exempt employees are paid a predetermined salary regardless of the number of hours worked. According to the FLSA, exempt employees must receive their full salary for any workweek in which they perform any work, with limited exceptions. One of these exceptions is for absences of one or more full days for personal reasons, including illness or sickness. In such cases, the employer may deduct from the exempt employee's salary for the time missed. However, the employer must have a bona fide sick leave plan that provides compensation for the employee's time missed due to sickness or disability, and the employee must have exhausted all sick leave under the plan before the employer can make a d...