Q. "How do we handle pay for an employee out on military leave?"
Answer:
Employees on military leave are due the same rights and benefits as nonmilitary employees taking any comparable leave. Note that comparable is not well defined, but generally, look to other leaves of similar duration.
For instance, if you’d pay for 1-5 days of jury leave, or a week of bereavement leave, you need to pay for a military leave of that duration. If you provide longer paid leaves (i.e., 4-8 week family wellness leave) consider paying for a military leave of that duration as well.
If you don't offer any comparable paid leaves, then nonexempt employees don't need to be paid for military leave. If you aren’t sure whether the other leaves you offer are comparable and are considering not paying for a military leave, consult with your attorney first.
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers cannot require employees on military leave to use paid time off benefits, but employees can chose to use paid time off.
Employers may not reduce an exempt employee’s salary for partial week absences for military leave per the Fair Labor Standards Act (FLSA). If the employee works any part of the workweek, they must be paid for the entire week, but you can reduce an exempt employee’s salary by any payment they receive for military service during the workweek they are absent.