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  • STD New Jersey

    We have an employee who was admitted to the hospital on 2/21. Payroll was processed and he was paid through the 28th using sick, personal and floater (what he had accrued). The belief was that he was only going to be out for a week. On 3/2 HR and Payroll were notified that employee was still out and was expected to be out for an additional 2-3 weeks. HR spoke to the employee to verify all of this information and advise him about STD/FMLA and the waiting week which would start on 3/1 (since he'd been paid for previous week using sick time).

    This employee has been out previously on FMLA. On previous leaves, he had been allowed to "repay" the company for the waiting week so he would not have to use sick/vacation/etc. After a discussion w/management, the decision was made that we would not allow him to repay the time for the waiting week.

    I spoke to the NJ State Disability and they stated the decision was between the employer/employee.

    Can you see anything wrong w/how this was handled?

    Thanks.

  • #2
    I'm getting a complex - plenty have viewed, none have commented. Does this mean I made a huge mistake and everyone's to busy laughing?
    Have a nice weekend!

    Comment


    • #3
      It means I don't know the answer. Can't speak for anyone else.
      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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      • #4
        sorry, I was trying to be funny. This week has been one calamity after another and I am counting the 75 minutes I have left for the day.

        Comment


        • #5
          I understand. Had weeks like that myself.

          We do have a few NJ experts - hopefully they'll be along soon.
          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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          • #6
            Sorry. Let me try with how we did it in California, which also had a one-week waiting period, unless the individual was hospitalized. Then the waiting period was waived and they would go back and pay that week after the fact.

            Since we had the charts and could calculate how much the employee would get from SDI, and our company would cover the employee for the difference for a period of time (don't remember how long, it's been a long time), we would pay that difference from the get-go and the employee kept the SDI check. A lot easier than paying the full salary up front then adjusting taxable wages later on, having the employee sign over the check, and especially in NJ, since half of the SDI is taxable, since the employer pays half the premium (not true in CA, where the employee pays all of it).

            If I remember correctly, it's called coordination of benefits.

            Does this help at all?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              The main question is if we are wrong for not letting him pay us back so that he could get SDI for that week if he was out long enough. I think we're ok but just want to make sure I'm not missing a huge red flag.

              We've never done coordination of benefits - I don't know that we will although it would be nice (says the one going on leave in 6 mos). Do the employees have to contribute to something prior or is it just a wonderful employee friendly plan that you offered?

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              • #8
                I don't see any problem with you doing that. No legal prohibition against it.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  thank you! Have a great weekend!

                  Comment

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