Docking exempt associate salary for ongoing LTD

Frenchie · July 2004

We have an associate who was absent on LTD. He returned to work at the end of May. This week he will be absent for three days for a follow up treatment. I have contacted our LTD provider and he is eligible for a partial LTD payment for those days. Do we still need to pay him his full salary for the week?

Hatchetman · July 2004

Prior to going on LTD, was he subject to a short tierm or paid sick leave benefit? If he was then that allows the docking of salary now.

Under FLSA -- 29CFR541.118(a)((3), if he is absent for a full day then you may dock the salary for that day since his absence, dute to illness or injury, is covered under a sick pay mechanism, in this case an LTD plan.

I suspect your state wage and hour law would also probalby allow a docking but you should check that as well.

Frenchie · July 2004

Thank you. I thought that was the case, but wanted to make sure.

Docking exempt associate salary for ongoing LTD

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