Sec. 31-51qq-17. May an employer deduct hourly amounts from an employee's salary when providing unpaid leave under FMLA, without affecting the employee's qualification for exemption as an executive, administrative, or professional employee?

(See 29 CFR § 825.206)

Leave taken under FMLA may be unpaid. If an employee is otherwise exempt from minimum wage and overtime requirements under Chapter 558 of the general statutes as a salaried executive, administrative, or professional employee under sections 31-60-14, 31-60-15 and 31-60-16 of the Regulations of Connecticut State Agencies, providing unpaid FMLA-qualifying leave to such an employee will not cause the employee to lose the exemption. This means that in sections 31-60-14, 31-60-15 and 31-60-16 of the Regulations of Connecticut State Agencies, where an employee meets the specified duties test, is paid on a salary basis, and is paid a salary of at least the amount specified in Sections 31-60-14, 31-60-15 and 31-60-16 of the Regulations of Connecticut State Agencies, the employer may make deductions from the employee's salary for any hours taken as intermittent or reduced FMLA leave within a workweek, without affecting the exempt status of the employee. The fact that an employer provides FMLA leave, whether paid or unpaid, and maintains records required by this part regarding FMLA leave, shall not be relevant to the determination whether an employee is exempt within the meaning of sections 31-60-14, 31-60-15 and 31-60-16 of the Regulations of Connecticut State Agencies and Chapter 558 of the Connecticut General Statutes.

(Adopted effective March 9, 1999)