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When salary employees go on Medical

faith5134faith5134 2 Posts
in HR & Employment Law Vote Up0Vote Down
We are a new company and all of us here are new to HR. We do not have a policy in effect that would outline how much time we would pay a salary person while on medical. Is there any laws that state how long you must pay a salary person?
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  • marcmarc 3,126 Posts
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    First, welcome to the forum!

    You may not know it, but this question has some hidden depths. Basically the company can determine how much sick leave to allow. You would base it on your local job market keeping in mind that these types of benefits have a huge impact on your ability to attract and retain employees. Our company gives a day a month and allows unlimited roll-over year after year.

    To explore the depths of your question involves diving into the Fair Labor Standards Act (FLSA). You need to determine whether the EEs are exempt or non-exempt, which is more than whether or not they are salaried, it has to do with answering the short and/or long test to determine status. Three basic categories determine if exempt status is reached.

    Then the answers can start flowing. Exempt EEs have different laws with respect to docking pay than non-exempts. Lots of layers to these issues and your sick leave policies have large effects on the answers.

    So before anyone can get into great depth with you, you need to start defining some policies and do some research to make your questions more specific.

    I am not trying to offend you, just telling you that you have a ways to go before these answers can make sense.

    Good luck.
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  • faith5134faith5134 2 Posts
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    I am not offended at all. We have a long way to go to get this office in order. I will do some research on this and thanks for your help. I think my first task is we really need a handbook.
    Thanks again.
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  • ShadowfaxShadowfax 910 Posts
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    Marc is correct that there are some issues which need to be addressed to know what your question really is. However, if by salaried yu mean exempt, then you should check these threads for some really ezxhaustive discussions on when an exempt employee must be paid. There is no law requirein g hyou to pay an exempt employee for any particular time while on medical leave. However, you must pay the exempt ee for any week in which work is performed.You mjust also pay a full day for any day in which work is performed, unless you have a pto plan from which part day absences may be deducted if the absence is for ee personal reasons. This is a gross oversimplification, but because you referenced medical leave, which could be for as little as a part day, you have to be careful, and as Marc suggested, do a little research to regfine the specifics of your question. Lok back through this topic both here and in wage and hour issues, and you will begin to get a better handle on the nuances of this area. Welcome to the best info exchange available, where questions are key to all of us gaining a better understanding of just what the heck we're doing (and if an answere is wrong, someone will surely point it out)!
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