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Sick Leave for Virtual Employees

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  • Sick Leave for Virtual Employees

    I work for a virtual company with employees in several states. We are considering adopting an unlimited PTO policy but also want to be compliant with the states' Sick Leave Laws. If you work in a virtual company, how do you manage providing PTO/sick leave for part-time employees? Do you comply with the laws in which state the employee resides or other factors? Thanks for your help!

  • #2
    You always need to be in compliance with the laws of the state in which the employees work.

    What are you considering as a sick leave policy? Let's start there.
    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
      What is a virtual company?
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Originally posted by cbg View Post
        You always need to be in compliance with the laws of the state in which the employees work.

        What are you considering as a sick leave policy? Let's start there.
        I've researched the various sick leave laws in the states in which we have virtual employees; each state has their own laws regarding if and how much time off for illness, etc, an employee must provide as well as if it is paid. We were thinking it would make sense to adopt the sick leave law that provided the employee the most protection. However, now I'm wondering how other employers with employees working virtually from other states manage this. Do they simply follow the law in the state in which the company is incorporated or do they administer a policy that is consistent with the state in which each individual employee resides?

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        • #5
          Originally posted by DAW View Post
          What is a virtual company?
          Our company does not have a physical location and each of our employees works virtually from their home offices in different states.

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          • #6
            Yeah, the problem is no one but your company considers these to be "virtual companies" or "virtual employees". If you talk to any of the 50 states, these are just normal vanilla employees working in their state. There is nothing legally "virtual" about this, unless maybe you start paying them with BitCoins. The law says what it says, not what you want it to say.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              I have spent most of my adult life working for companies that had presences in more than one state. Doesn't matter what you call it; "virtual" or otherwise, the laws are going to be the same.

              I would agree that it would make sense to adopt a policy that is in compliance with the state offering the most protection. However, you might want to consider being a little more generous than that state requires, to cover you if you end up hiring an employee in a state with a still more protective requirement.
              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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