My hygienist will be going on maternity leave. She is concerned that no money will be coming in for the 10 weeks that she will be out. Her contract year runs from April 1 to March 31. Is it all right, if we defer some of her salary and then make payments over the time she is out. Can she still collect her uniform allowance when she is out? Can I also advance her some of salary?

Does she qualify for disability under NJ requirements?

Yes.

She qualifies for disabiltiy payments.

So, she will have at least some income coming in once her doctor certifies her as disabled.

If she is receiving income from you at the same time she is receiving disability payments from the state, that's fraud, plain and simple.

Now, if you want to loan her money, that's fine. However, my recommendation is that you make a separate agreement, reviewed by an attorney, with repayment made outside of her payroll, once she returns. NJ law is very strict about what can be deducted from an employee's paycheck, even with the employee's authorization. Also, in this way, you have some legal recourse if she defaults.

I'm not saying don't help her; you seem like a very compassionate person. But be smart about it.

Thanks Patty,

You clarified my question and I cannot make any payments to her while she is out.

thank you.

marc

Thanks Patty,

You clarified my question and I cannot make any payments to her while she is out.

thank you.

marc

As long as she is receiving disability benefits, that is correct. The "fraud" however, would be hers, not yours. You could, however, keep her on salary until she is certified as disabled by her physician (if she is going to go out before that occurs).