How should this excessive leave situation be handled?
janetmac
1 Post
Here's a hypothetical I'm puzzling through.
A small company, not covered by FMLA, allows employees to accrue general leave at the rate of 8 hours per paycheck (there's no distinction between sick and personal leave). There are two paychecks per month.
An employee becomes very ill and misses a LOT of work, far more than the normal amount of leave allotted. Because of the illness, company doesn't fire employee for absenteeism and instead continues to pay the employee throughout this period. The employee ends up in the hole about 60 hours on leave, which means he has been paid for 60 hours he didn't work.
The solution arrived at and agreed to by all parties is to allow the employee to pay back this overpayment via a small deduction from several paychecks. The deduction is based on the employee's effective hourly rate and is paid back at the rate of 5 hours of excessive leave per paycheck. The idea is to get the employee back in the black leave-wise so that he's not in the hole at the end of the year.
So the puzzle: During the time the deductions are being taken, should the employee continue to accrue 8 hours of new time per pay period, or 13 hours to reflect the 5 hours he is paying back?
A small company, not covered by FMLA, allows employees to accrue general leave at the rate of 8 hours per paycheck (there's no distinction between sick and personal leave). There are two paychecks per month.
An employee becomes very ill and misses a LOT of work, far more than the normal amount of leave allotted. Because of the illness, company doesn't fire employee for absenteeism and instead continues to pay the employee throughout this period. The employee ends up in the hole about 60 hours on leave, which means he has been paid for 60 hours he didn't work.
The solution arrived at and agreed to by all parties is to allow the employee to pay back this overpayment via a small deduction from several paychecks. The deduction is based on the employee's effective hourly rate and is paid back at the rate of 5 hours of excessive leave per paycheck. The idea is to get the employee back in the black leave-wise so that he's not in the hole at the end of the year.
So the puzzle: During the time the deductions are being taken, should the employee continue to accrue 8 hours of new time per pay period, or 13 hours to reflect the 5 hours he is paying back?
Thanks!
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