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Exempt and Workers Comp South Carolina

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  • Exempt and Workers Comp South Carolina

    I am an exempt, salaried employee that was injured on the job. I have had surgery to repair a hernia and will miss at least 5 working days. The surgery was performed on a Tuesday and I had worked the day before. Am I entitled to be paid for that week (worked Monday , off the rest of the week)? Also I may be released to go back to work the following Wednesday and work the rest of that week. Am I entitled to my salaried pay for that week.
    It is my understanding that the company can require me to use any PTO I have left as part of my compensation for any of the days I did not work due to the work related injury. Is this true? Thanks in advance for any help you can offer.

  • #2
    This is complicated. The federal rule on this is 29 CFR 541.602, and the key provision is shown below. If your employer has a "bona-fide" sick pay plan (generally defined as one that gives 5 or more sick pay days per year), then the salary can be docked for missing days. Alternatively, if FMLA is in play, then a different set of docking rules comes into play.

    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    (2) Deductions from pay may be made for absences of one or more full days occasioned by sickness or disability (including work-related accidents) if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability.

    -----
    PTO however is not a function of federal law. There is nothing in federal law which prohibits use of PTO to cover sick or absences, or the complete elimination of all PTO balances altogther. DOL has issued opinion letters basically saying that this is none of their business.

    PTO is a function of state law and company policy. SC is not my state, but the traditional answer to this part of the question is that no state other then California has restrictions on reducing PTO time to cover time not worked by Exempt Salaired employees. And California does not prohibit the practice so much as they have issued conflicting instructions so everyone (including maybe the state government) is now confused on exactly what CA's rules are.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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