When can an exempt employee take a partial day of leave without pay?

An exempt employee may enter leave without pay for a partial day only when one of the following applies:

 

  • does not work during an entire workweek
  • is absent for one or more full days for personal reasons (not sickness or disability)
  • is absent for one or more full days due to sickness or disability under a bona fide leave plan
  • has received jury duty pay, witness fees, military pay, workers’ compensation, or other third-party pay
  • violated a major safety rule and penalties are imposed
  • receives a suspension of one or more full days for workplace conduct violations
  • works only part of the first or last week of employment
  • must hold a day of leave due to Sick Leave Bank annual donation rules
  • has unpaid leave under the Family Medical Leave Act (FMLA) or part-time extended leave under State policy

 

If none of these situations apply, an exempt employee who works only part of a day and has no accrued leave must still be paid for the full day.

 

For more information, visit the State of Tennessee Attendance and Leave Manual.

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