Sam Yang 2 months, 3 weeks ago
I have an employee apply sick leave with doctor’s prescription for a month. He is a full-time employee who has been working in the company for 6 months. I’m wondering if he is qualified for a full month paid time off. If not, how could I calculate the paycheck for him for this month?1 Reply
Laura HandrickModerator2 months, 3 weeks ago
To answer your first question, the answer is no. Regardless of your company size and location, your employee has not been with you long enough to qualify for family medical leave (which is unpaid leave in most states). Therefore you are not required to pay him for month off, nor are you required to allow him to take a month off. I’ll provide a link below to more information on FMLA. It may be in your best interest to allow him to resign due to his inability to perform the job, and then offer to rehire him (if you have an open position) once he resolves his medical issues. The reason being that, if you give him this much latitude, you’ll need to do it for all employees, and that could become unwieldy.
Now for the calculation of how much of his sick leave to pay him — that depends entirely on what city and state you are in, in addition to what your current sick leave policy states, and what you’ve done for other employees in a similar situation.
Let’s say you’re in a state like Arizona, you may be required to pay up to three days of that time off as paid sick leave and the rest as unpaid leave. However, even that depends on how you accrue your sick leave. Do you provide it in a lump sum at the start of the year, or have employees accrue it during the year? If you pay based on accrual, in AZ, he would only have earned 1.5 days so far as paid sick leave time off, not three days. Employers often allow their employees to use any accrued PTO, if you offer that. It’s not required.
I’ll attach the sick leave information for additional detail. In that article, you can look up your state-specific requirements for paid sick leave. Due to the complexities of state and local law sick leave laws, as well as federal laws like FMLA , and ADA anti-discrimination laws, it’s really best to have an attorney or HR professional help you create and implement policies to address time off issues. That person can then help you out in unique situations like this one. I’ve included an article on HR outsourcing as well.
Laura, HR Writer, SPHR1 Reply
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