Is it legal to prorate salary?

Asked by: Enid Kemmer  |  Last update: October 7, 2025
Score: 4.9/5 (26 votes)

In the U.S., it is legal to prorate the salary when a salaried employee performs no work for the employer for an established and recognized period of time (regardless of the reason) during the pay period. Note that the reduction may only be taken within the first 31 days of the non-worked time.

Can salaries be prorated?

Prorating a payment for an exempt employee requires employers to convert the salary to an hourly rate, which can be done by dividing total pay by hours worked. The entire calculation is essentially a two-step process: Divide the employee's salary by the number of hours the employee is expected to work per year.

When can you prorate your salary?

This often happens when someone starts a new job at a random point during the month or leaves before the month's end. For example, if an employee joins on the 21st and the scheduled payday is the 31st, the prorated salary for the new employee only reflects payment for the 10 days they have worked there.

What is an example of a prorated salary?

What is Prorated? In accounting and finance, prorated means adjusted for a specific time period. For example, if an employee is due a salary of $80,000 per year, and they join the company on July 1, their prorated salary for that year would be $40,000.

What if a salaried employee starts in the middle of the pay period?

For new salaried employees who start working for a company in the middle of the pay period, the method of payment for the first paycheck would be a prorated salary. Since they haven't worked the entire pay period, their first paycheck will reflect the portion of the period they actually were employed.

Legal Requirements for Pay

20 related questions found

What happens if you start working in the middle of a pay period?

If an employee starts work in the middle of a pay period, the employer will typically prorate their pay for that pay period to compensate them only for the days they worked. The prorated pay would be calculated based on the employee's hourly rate or salary, and the number of hours worked during the pay period.

What is a prorated salary adjustment?

Prorated pay is about adjusting an employee's salary based on the actual time worked during a specific pay period, rather than paying the full amount no matter what. Think of it as fine-tuning an employee's salary to match the work they've actually done.

What does it mean when pay is prorated?

If you recently hired an employee and they start in the middle of the month, you can prorate their pay so that they are only paid for the days they worked that month rather than the entire month.

Why do companies prorate raises?

Employers typically prorate salary increases for those employees hired since the last focal review date. This practice provides newer employees with a proportionate increase amount compared with other employees.

How to calculate a salaried employee's daily rate?

Calculate the Employee's Daily Pay Rate

To calculate the daily rate for the other pay schedules, convert the employee's salary into annual (or yearly) pay by multiplying their paycheck by the number of pay periods in a year. Then, divide by 52 to get the weekly pay, and finally by five to get the daily pay.

Does a salaried employee have to make up time?

Under the FLSA, exempt salaried employees have virtually no rights at allwhen it comes to overtime, aside from their base salary as determined in their employment agreement. Employers can require any number of hours or any type of schedule from employees, including mandatory overtime or makeup time for absences.

When you start a salary job do you get paid right away?

Payroll checks may be issued at the end of each pay period worked, or there may be a lag and your paycheck may be issued a week or two (or longer) after you begin work. At the latest, you should be paid by the company's regular pay date for the first pay period that you worked.

How does prorating work?

Calculating Prorated Amounts

Calculate the daily or hourly rate: Divide the total amount by the number of days or hours in that period. Multiply by the actual time used: For example, if your monthly rent is $900 and you move in on the 10th, divide $900 by 30 (days in a month) to get $30 per day.

When can you prorate salary?

When an employee doesn't work their full hours, they earn less than their predetermined wages. Therefore, you must reduce what you pay them. A prorated salary is when you divide an employee's wages proportionally to what they actually worked. Prorating an employee's salary only applies to salaried workers.

What is the 13th month pay?

13th month pay – refers to 'one-twelfth of the total basic salary earned by an employee within a calendar. ' (2024 DOLE-BWC Handbook on Workers' Statutory Monetary Benefits or “DOLE-BWC Handbook”, p. 40.)

What is a prorated entitlement?

Pro-rata holiday entitlement is an amount of holiday that's in proportion to the holiday entitlement of a full-time employee. The proportion of holiday will depend on how much an employee works relative to a full-time employee. For example, if they work half as much, they are entitled to half as much holiday.

What does prorate mean in HR?

Pro-Rata is a Latin term that means "in proportion." In various contexts, it is used to describe the allocation or distribution of something based on a specific ratio or percentage. For instance, pro-rata salary refers to an employee's compensation being paid in proportion to the amount of time they have worked.

Why does pro rata exist?

Pro rata rights are provisions that allow investors to purchase additional shares in a company during future funding rounds to maintain their proportional ownership. These rights are crucial in preventing dilution, which occurs when new shares are issued, reducing the percentage ownership of existing investors.

What is the difference between accrued and prorated?

In a yearly accrual system, employees are typically allocated a set number of vacation days for the entire year. The total annual PTO is prorated if an employee starts or leaves partway through the year.

How to pro rata monthly salary?

For example, if your pay frequency ends on the 25th of the month and an employee starts on the 1st of June, the pro-rata percentage will be 80.65. This is calculated as 25 / 31 x 100, where 25 represents the days employed and 31 is the total days in the current payment month (26 May to 25 June).

How do you prorate a payment?

Calculate prorated charges
  1. Formula: The basic formula for prorated charges is: (Total Subscription Cost / Total Days in Billing Cycle) x Number of Days Used.
  2. Plan changes: For plan changes, calculate the prorated cost for each plan and adjust the charges accordingly.

How do you calculate partial pay for salaried employees?

Prorated Salary Example Calculation – Biweekly
  1. Divide the annual salary by 52. $62,400.00 / 52 = $1200.00 weekly salary.
  2. Divide the weekly salary by the number of workdays in the week. $1,200.00 / 5 = $240 daily rate.
  3. Multiply daily rate by the number of days missed. ...
  4. Subtract the result from step 3 from the paycheck.

What is a proration adjustment?

The most complex aspect of changing existing subscriptions are prorations, where the customer is charged a percentage of a subscription's cost to reflect partial use.

What is a prorated reimbursement?

It's a partial refund based on the proportion of the product or service used. For example, if you pay in advance for 1 year membership or subscription but decide to cancel at the end of 6 months a prorated refund is half the annual fee.

What is the formula for prorated salary in Excel?

Yes, Excel can calculate pro rata based on varying periods or dates. Use the formula Pro Rata Amount = (Total Amount * Number of Days in Period) / Total Days in Year and adjust the date ranges to suit the specific period you're dealing with. Use Excel's date functions to help with calculations involving days.