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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 28523
Experience:  Former judicial law clerk, lawyer
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We have an exempt employee who is the manager of our fitness

Customer Question

We have an exempt employee who is the manager of our fitness center. She just had knee surgery and will be off for approximately a week and then resume her managerial and coaching duties, but will not be able to teach her fitness classes for at least a month or more. We will have to pay other fitness instructors to fill in for her during this time. Can we deduct the amount we pay to other to do part of her job from her regular paycheck?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 8 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Salaried, exempt employees must be paid their full salary for each work week in which they perform any work. You do not have to pay her if she misses the entire workweek. If you offer sick leave or vacation leave to your employees, you can require her to use those days for the time she's taking off for her surgery (which means she doesn't have those days available to take later). But you unfortunately aren't allowed to deduct what you're paying others to fill her spot from the pay she is receiving.

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