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Workers comp and OT Maryland

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  • Workers comp and OT Maryland

    We have an employee who has two follow up visits to the doc for his WC claim on this pay period. Our policy is that he would put leave with out pay for those hours as he would be reimbursed for that time from workers comp. This then brings him below the 40 hours - he then does not qualify for all of the overtime that he worked in that week (since it puts him below the 40 hours). How would you handle this?

  • #2
    I assume your policy for other LWOP is that those hours don't count in OT calcs. What is your policy about leave with pay (LWP)? Do you include that in your OT calcs? I would classify this leave as LWP since he is going to be paid, just through your WC. And follow whatever your policy is for that. (That said, I don't know your state's WC laws so if there is anything state specific, you might need to ask your WC carrier/broker. It is possible that they might pay him at the OT rate since those hours would have gone into OT had he not missed work).

    That said, I know a lot of employers that go ahead and pay wages for this so that it doesn't increase the total WC claim (which in turn increases the rates you pay for the insurance). Often it can be cheaper in the long run to just pay for the timeoff out of regular wages rather than increase your lose ratio.

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    • #3
      Yes, our LWOP does not count towards OT but our LWP does. If we pay him won't they still pay him? I will check with our carrier. I tried to get info from them yesterday and they were less than helpful!! Wasn't sure that the claim was going to be even going to be covered said he had to check with medical, he was very uncertain to all my questions!!!

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      • #4
        In my state at least, I have to report any lost hours/wages to the carrier to keep the claim up to date. So I would just not report those that were paid by us as the employer. So no an employee would not get double paid. But again, your state may vary.

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        • #5
          Your decision, but I find it easier to just follow the actual OT rules as written. OT based on hours actually worked, not on LWP. Too many ways to game the system with people talking say vacation during the weekweek for the sole purpose of turning weekend hours worked into OT.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            MD (and every state but CT) does not consider time spent in treatment and follow up appointments as TTD. Your carrier will not (or should not) reimburse. As such, I would not count that time spent away from work as hours worked. In CT you must, but not in MD. If that means the employee only worked 39 hours, no OT is owed.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              And for whatever it is worth, even in CT we are talking about a CT state law violation only, not a federal FLSA violatoin, since FLSA does not care about this stuff. Meaning a CT specific remedy, not a federal remedy. Most states will enforce federal FLSA violations, but the reverse is not true. And we talk OT, we are almost always talking about the federal FLSA law, which most states follow as is.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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