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Question: if an exempt employee has used all of his allotted sick days and then is out for another day, can I deduct one day from his regular salaried pay?

Answer: If an exempt employee is absent for a full day, and does not have any sick pay left, the employer does not have to pay the employee for that day. If the employee works any part of the day, however, the employee must be paid in full for that day.

Here is a link to a page for the Department of Labor website that confirms the answer: http://www.dol.gov/elaws/esa/flsa/overtime/cr4.htm

Dave Wilson has spent over two decades litigating wage and hour, employment, real estate, maritime, and general commercial disputes in the state and federal courts of Massachusetts and New Hampshire. Dave spends a significant amount of his time acting as a business partner with his clients, counseling and training them in all areas of employment relations law. Please visit the Hirsch Roberts Weinstein LLP website for more information.