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Work while on paid leave New York

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  • Work while on paid leave New York

    I was asked to assist in bringing an employee in to work while that employee is on a bonified paid medical or diability leave. (I don't know the proper term for the leave). Our management said it is legal just so long as we defere payment for work performed during the paid leave time until after the emplyee is released to return properly to work. They will then add a couple hours to each day to make up pay for the time this employee worked during the paid medical leave. I refused to cooperate because I think this is illegal as well as detrimental to the health of the said employee. So far the issue was not pushed, but the managment is still looking for ways to bring this employee into work during the paid medical leave period. I searched New York State Empoyment and Labor sites but have not a case specific reference to this. Is this illegal?

  • #2
    No. Employees must be paid for time worked within a certain time frame, set by law. There is no "we'll pay you later, after you return from your leave". Also, working during a paid disability leave may jeopardize the DI payments. Same with WC. Without knowing exactly what type of leave this is, and what income replacement is being received, can't tell you much else.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      No. Employees must be paid for time worked within a certain time frame, set by law. There is no "we'll pay you later, after you return from your leave". Also, working during a paid disability leave may jeopardize the DI payments. Same with WC. Without knowing exactly what type of leave this is, and what income replacement is being received, can't tell you much else.
      Thanks for information. I found out the leave type is disability leave. I found a couple other things while I was searching NY Employment sights about the disability situation. It sounds like most employers are required to let employees have a full 30 minute lunch period. Also, those under $450 (or similar amount) per week are to be paid 1.5 over time pay if they work over 40 hours a week. Am I reading this correctly? My company (a Church) does not provide either and I would like them to know about this so they can comply.

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      • #4
        Originally posted by JoshuaS View Post
        Thanks for information. I found out the leave type is disability leave. I found a couple other things while I was searching NY Employment sights about the disability situation. It sounds like most employers are required to let employees have a full 30 minute lunch period. Also, those under $450 (or similar amount) per week are to be paid 1.5 over time pay if they work over 40 hours a week. Am I reading this correctly? My company (a Church) does not provide either and I would like them to know about this so they can comply.
        Since the employer is a church, it's possible the FLSA does not apply & the employer would be exempt re meal breaks & OT, min. wage, etc.
        Here is a link re coverage under the FLSA:
        http://www.dol.gov/esa/regs/compliance/whd/whdfs14.pdf

        If the FLSA does apply this is the info re meal breaks NY:
        New York - There are essentially three different meal periods recognized by state statute. The noonday meal period, which runs from 11:00am to 2:00pm applies to employees who work a shift of more than six hours that extends over the meal period. The noonday meal period is at least 60 minutes for individuals employed by or in connection with a factory and at least 30 minutes for individuals employed by or in connection with a mercantile or other establishment. Any employee who works a shift starting starting before 11:00am and continuing until after 7pm is entitled to an additional meal period of at least 20 minutes between 5 and 7pm. An employee who works a shift of more than six hours starting between 1pm and 6am is allowed at least 60 minutes for a meal period when employed by or in connection with a factory and 45 minutes when employed by or in connection with a mercantile or other establishment at a time midway between the beginning and end of such work shift. Requests for exemptions or modifications from the above referenced meal periods may be submitted to the commissioner.

        If the FLSA applies, OT needs to be paid to employees making less than $455.00 per week - OT after working over 40 hrs. a week. (time & a half)
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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        • #5
          Originally posted by Betty3 View Post
          Since the employer is a church, it's possible the FLSA does not apply & the employer would be exempt re meal breaks & OT, min. wage, etc.
          Here is a link re coverage under the FLSA:
          http://www.dol.gov/esa/regs/compliance/whd/whdfs14.pdf

          If the FLSA does apply this is the info re meal breaks NY:
          New York - There are essentially three different meal periods recognized by state statute. The noonday meal period, which runs from 11:00am to 2:00pm applies to employees who work a shift of more than six hours that extends over the meal period. The noonday meal period is at least 60 minutes for individuals employed by or in connection with a factory and at least 30 minutes for individuals employed by or in connection with a mercantile or other establishment. Any employee who works a shift starting starting before 11:00am and continuing until after 7pm is entitled to an additional meal period of at least 20 minutes between 5 and 7pm. An employee who works a shift of more than six hours starting between 1pm and 6am is allowed at least 60 minutes for a meal period when employed by or in connection with a factory and 45 minutes when employed by or in connection with a mercantile or other establishment at a time midway between the beginning and end of such work shift. Requests for exemptions or modifications from the above referenced meal periods may be submitted to the commissioner.

          If the FLSA applies, OT needs to be paid to employees making less than $455.00 per week - OT after working over 40 hrs. a week. (time & a half)
          I am glad I found this forum. You all have been very helpful. I am particularliy pleased to find the various web links for the specific law or cases. Thank you.

          Comment


          • #6
            JoshuaS: "Is this illegal?"

            PattyMD: "No"

            I'm confused. It sounds like from you wrote in the rest of your post, Patty, that this WOULD be illegal. I don't understand why you said No.
            If it was a typo or mis-read, I don't want the OP to get confused.

            Comment


            • #7
              I'm not sure it's ILlegal, necessarily. It could jeopardize the employee's SDI payments, though.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment

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