Q: My exempt employee took half a day off for leave covered under the Federal Medical Leave Act (FMLA). Do I have to pay the employee for the full day or can I make a partial day deduction?
Answer:
FMLA does allow employers to make partial-day deductions if the leave is covered by FMLA only. However, the Oregon Family Leave Act (OFLA) does not allow partial-day deductions. Even if FMLA runs concurrently with OFLA, then partial day deductions are permissible. If leave is covered only by OFLA, only full-day deductions are permissible. However, exempt employees may be required to use accrued vacation/sick/PTO while on FMLA and OFLA leave.
