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Content Last Revised: 4/23/04
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CFR  

Code of Federal Regulations Pertaining to ESA

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Title 29  

Labor

 

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Chapter V  

Wage and Hour Division, Department of Labor

 

 

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Part 541  

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees

 

 

 

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Subpart H  

Definitions and Miscellaneous Provisions


29CFR541.710 - Employees of public agencies.

  • Section Number: 541.710
  • Section Name: Employees of public agencies.

    (a) An employee of a public agency who otherwise meets the salary 
basis requirements of Sec.  541.602 shall not be disqualified from 
exemption under Sec. Sec.  541.100, 541.200, 541.300 or 541.400 on the 
basis that such employee is paid according to a pay system established 
by statute, ordinance or regulation, or by a policy or practice 
established pursuant to principles of public accountability, under 
which the employee accrues personal leave and sick leave and which 
requires the public agency employee's pay to be reduced or such 
employee to be placed on leave without pay for absences for personal 
reasons or because
of illness or injury of less than one work-day when accrued leave is 
not used by an employee because:
    (1) Permission for its use has not been sought or has been sought 
and denied;
    (2) Accrued leave has been exhausted; or
    (3) The employee chooses to use leave without pay.
    (b) Deductions from the pay of an employee of a public agency for 
absences due to a budget-required furlough shall not disqualify the 
employee from being paid on a salary basis except in the workweek in 
which the furlough occurs and for which the employee's pay is 
accordingly reduced.
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