Here is a full page from this letter: and your comments applied only to *1(as a clarification to first paragraph only) and not to the full text of the letter.
The prohibition against deductions from an employee’s wages under the salary requirement is subject to several exceptions stated in 29 CFR § 541.602(b). The exceptions include and allow for deductions from pay when an exempt employee is absent from work for one or more full days for personal reasons other than sickness or disability (29 CFR § 541.602(b)(1); DLSE Manual § 51.6.14.3.) and for absences of one or more full days occasioned by sickness or disability (including work-related accidents) if the deduction is made from a bona fide plan, practice, or policy of providing compensation for such sickness or disability (29 CFR § 541.602(b)(2); DLSE Manual § 51.6.15.2.) The clear language in these referenced federal regulations allows for deductions from a salary only in increments of one full day. *1.
A corollary to the above recognized by the courts and the federal Department of Labor (DOL) is that an exempt employee’s salary cannot be subject to reduction for absences less than a full day under the above stated federally recognized exceptions. (See Abshire v. County of Kern, 908 F.2d 483, cert denied, 498 U.S. 1068 (1991) [deducting an employee’s salary for absences less than one day violates FLSA salary basis test]; Conley v. P.G.& E. (2005) 131 Cal.App.4th 260, 267; DOL Opinion Letter FLSA2007-6 (February 8, 2007) [partial day absences not expressly recognized by Part 541 regulations may render an employee’s compensation not on a salary basis, thereby jeopardizing exempt status].) For example, the regulation for absences for personal reasons states:
Thus, if an employee is absent for two full days to handle personal affairs, the employee’s salaried status will not be affected if deductions are made from the salary for two-full day absences. However, if an exempt employee is absent for one-and-a-half days for personal reasons, the employer can deduct only for the one full-day absence.
(29 CFR § 541.602(b)(1); see also DOL Opinion Letter FLSA2005-7 (January 7, 2005).)
A California court noted that the combined effect of the federal regulations (29 CFR § 541.602(a) and (b)(1)) is to “preclude employers from docking the pay of an employee for an absence of less than a day (a partial day absence).” (Conley v. P.G.& E., supra, 131 Cal.App.4th at
*1. A different rule applies for treatment of absences due to unpaid leave under the federal Family Medical Leave Act (FMLA) and its effect on the salary basis test for exempt employees. “An employer is not required to pay full salary for weeks in which an exempt employee takes unpaid leave under the federal Family Medical Leave Act. Rather, when an exempt employee takes unpaid leave under the Family Medical Leave Act, an employer may pay a proportionate part of the full salary for time actually worked.” (29 CFR § 602(b)(7).) The DLSE recognizes that “adjustments in compensation and/or benefits are permissible where other statutory requirements are met, such as the family and medical rules that provide eligible employees with flexibility they need to take leaves on a “reduced leave” or “intermittent leave basis.” (DLSE Opinion Letter 2002.03.01, p. 7.) The DLSE views both the FMLA and California Family Rights Act (CFRA) as enactments covered in 29 CFR § 602(b)(7).
As you know I did not applied for FMLA and did not take unpaid leave.
Thanks.