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exempt EE off for 3 weeks
Benefits & Compensation
exempt EE off for 3 weeks
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
EE is in CA and has requested time off for surgery that will be 3 continuous weeks in a 4 week span (first and last week she will work partial weeks and in the middle 2 full weeks will be taken off.)
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Forums » Topic Forums » Benefits & Compensation » exempt EE off for 3 weeks
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exempt EE off for 3 weeks
posted at 8/11/2010 1:42 PM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
EE is in CA and has requested time off for surgery that will be 3 continuous weeks in a 4 week span (first and last week she will work partial weeks and in the middle 2 full weeks will be taken off.)
We don't have a sick leave plan. We have a PTO plan that used to be vacation but the non-exempts complained so it was converted. This exempt EE has 56 hours (7 days) vacation/PTO available after which it will be exhausted. I am wondering how to pay it since we don't have a bona fide sick leave plan and I'm not sure if this would be considered personal time rather than sick leave. I believe we can deduct 7 days from the PTO leave bank and then deduct from pay for full days off once that is exhausted. We would also have to determine if we want her to work from home partial days which she said she can do (because we will then have to pay her for the full days.) I believe she should also be eligible to collect disability insurance for part of this as well. Any help is appreciated. |
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exempt EE off for 3 weeks
posted at 8/11/2010 1:48 PM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
One thing I forgot...We don't have an explicit vacation policy for our exempts. I have addressed this in light of a new decision letter from the DSLE but we haven't drafted it yet.
Is a PTO plan (that was a vacation plan) considered a bona fide sick leave plan for this purpose. In other words, can we deduct for full or partial sick days as well as vacation days from this bank? If so, I think I have a pretty clear understanding of what we can do. |
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exempt EE off for 3 weeks
posted at 8/12/2010 9:00 AM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
I knew there was something I was forgetting. No, we do not have enough employees within 75 miles to be subject to FMLA or CFRA. However, I believe that she will be eligible for SDI if full wages are not paid.
To know whether we must pay this EE full wages during the weeks in which she does work for a partial week, I need to know if this is considered an illness/ disability or if it is personal time because I don't really think that we can deduct from salary for less than a full week's absence since we don't have a bona fide sick leave plan. Since the PTO is vested, I don't think it counts as sick leave. Deductions from salary may be made for absences in increments of a full working day occasioned by sickness or disability if the deduction is made in accordance with a bona fide plan and the employee has exhausted her leave under the policy. But we can't deduct for sick days unless we first give the employee some sick days to exhaust and the employee in fact exhausts those sick days. If this time off due to the surgery is considered personal time, I think we can then pay the EE for the 7 days by using PTO and then deduct from her pay for the rest of the full days that she is off. |
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exempt EE off for 3 weeks
posted at 8/16/2010 8:47 AM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
Does anyone have any thoughts on whether this time would be considered personal time off or would fall under illness? According to our DI laws, elective surgery is considered a disability so I'm trying to determine if we need to pay this EE for the weeks when she will work a partial week since I am assuming we do not have a bona fide sick leave plan that she has exhausted. RRupert, any ideas? Thank you. |
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