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Allowing employee to work while on STD Ohio

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  • Allowing employee to work while on STD Ohio

    Employee will be on STD, and wants to be able to "keep up with email" from home. STD pays 66% of salary for this exempt employee while on STD. Company policy is silent on the issue. What federal law implications if any if the exempt employee is allowed to work this small amount (probably 2-3 hours per week of emailing from home) while on STD? (state law is silent in ohio).

    If she does this work, is she paid above and beyond at some kind of pro rated hourly rate for the actual hours worked?

    If she does this work, can she simply do so without requirement for any futher pay beyond the STD?

    Does allowing her to do this work trigger a requirement for a full week's pay, in spite of the STD payments?

    Management would like to allow the small amounts of work (it is at the employee's request, who is unlikely to make a wage claim or complain for any pay beyond the STD, but better safe than sorry)

    Thanks for any thoughts.

  • #2
    Before getting into any of these questions, you need to check with the STD carrier.

    We had a situation like that once. When I contacted the STD carrier, they told me that the first time the employee turned on the computer or picked up the phone with the intention of doing anything work related, they were no longer eligible for benefits.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      That's a good point, I should have added that this is a non contributory program funded fully by the company. No third party insurer, no deductions or contributions from employees, so the only "rules" that apply are the company's own STD policy, which does not address these issues. Which is really why I'm curious as to whether federal laws like FLSA would be triggered for hours "worked".
      Last edited by OHKYWV; 02-16-2010, 08:45 AM.

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      • #4
        <deleted in favor of cbg's post>
        Last edited by Scott67; 02-16-2010, 08:43 AM.
        Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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