I am a salaried employee exempt from the minimum wage and overtime pay requirements under Section 13(a)(1) of the Fair Labor Standards Act (FLSA) as a bona fide executive, administrative, or professional employee. Will I lose my exempt status if I take leave under the Families First Coronavirus Response Act (FFCRA)?

No, taking paid sick leave or expanded family and medical leave will not affect your status or eligibility for any exemption from the FLSA’s minimum wage and overtime requirements. For example, if you take paid sick leave or expanded family and medical leave on an intermittent basis, doing so will not be construed as undermining your being paid on a salary basis for purposes of the exemptions under FLSA Section 13(a)(1) and the regulations at 29 CFR Part 541.

2020