[caryandtim]

My husband is paid salary. He fell at work and broke his ankle. In addition, he had arm surgery for a non-work related injury. The employer wants him to return to work when he can, but when he does, they only want him to work 4 hours a day. Despite being paid salary, the employer only wants to pay him for those four hours. If he wants a full paycheck, he'll have to dive into his sick pay acquired. Can an employer legally pay a salary paid employee only half a day's pay when they are on salary? We thought the perk of being a salary paid employee is when these things happen, you still get paid your full check. We're just wondering if what they are doing is legal. Thanks.

[joypulv]

It's legal, sorry.
You may be thinking of specific company policy somewhere, but not any government labor law.
An employer has a right to deem an employee a risk to himself, to others, and to customers, whether he has an illness or an injury.
This is what sick pay is for, so why doesn't he want to 'dive' into it until he gets the OK?

[JudyKayTee]

No, you don't get your full check in most cases. If you are unable to work due to on the job injury you collect Workers Comp. If you are unable to work due to health issues which are not work related you rely on your personal disability insurance or your company's disability (non work related) if such is provided.

Why would you expect a salaried employee to be paid full salary when he/she is unable to work? If the company provides sick/personal days, of course, you can use those - unless it's work related. Work related injuries are reported to Workers Comp and Works Comp pays a percentage of salary unless/until the employee returns to work.

Are you saying that an injured employee should have the ability to work 4 hours but be paid for 8?

What am I missing?

[Fr_Chuck]

Is he not off work on workers comp ? He should be getting money, from insurance for being off. He should not be working a single day, unless he is released from the doctor to work,

If he is doing light duty, that is what the doctor must order. If he is able to go to work for 1/2 day, why not all day.
** depending on job, I worked with broke leg, two days after I broke it.

[caryandtim]

I understand, you work what you get paid for. But when you are salary paid, you get paid that set amount, no matter how many hours you work. So it seemed odd to us, that if my husband goes back to work but does not work his full 40, he will not get paid his salary pay.

His injury is under workman's comp. But the employer told us their workman's comp is only long term, not short term. So we have NO benefits, no pay. Except to use his acquired sick pay... which is running out. Now they tell us we have to use his sick pay to make up for the half day he's not working while being paid salary... it just made us question their motive.

[caryandtim]

Workman's comp is paying the medial bills but not his pay. Employer tells us their workman's comp is only for long term not short term. So we are dependent upon his acquired sick pay which will eventually run out.

[JudyKayTee]

Which State or Country? The purpose of WC - and disability, for that matter - is to bridge the gap between injury and either return to work or SS Disability.

Just out of curiosity, what does the employer do about regular sick days, short days (when your husband comes in late or leaves early). I suppose if their choice is having him work 4 hours but paying him 8 or terminating him to save money they could terminate him.

I don't find it unusual that they are requesting he burn up sick days, personal days, whatever, before they pay him. Of course, he can't do that and collect WC at the same time.

Do you carry a personal disability policy?

[joypulv]

Keep in mind that the Comp matter is complicated by unrelated surgery to his arm.
We don't know how far apart they were, what he does at his job, which one is in question now, or what the doctors have said about each one, or what WC has said about the long term aspect in regard to the foot only.

[ScottGem]

Salaried employees cannot be docked unless they do not work a full day. But they can be required to use accumulated paid time off. On the other hand, if it is the employer who is limiting hours, I'm not sure if this will fly.

On another angle, the employer could change his status to hourly and cut his hours. That would be legal.

I would check with your state's dept of labor as this can be a bit iffy.

[AK lawyer]

.

... We thought the perk of being a salary paid employee is when these things happen, you still get paid your full check.

You thought wrong.

I understand, you work what you get paid for. But when you are salary paid, you get paid that set amount, no matter how many hours you work. So it seemed odd to us, that if my husband goes back to work but does not work his full 40, he will not get paid his salary pay. ...

The idea of a salary, instead of an hourly rate, is that the employee is paid a set amount per pay period, instead of per hour. But this is premised upon a given amount of work being accomplished within that pay period. If he accomplishes less (which would be the case if he only works part time), his salary can be less. In effect, his salary is being cut, which the employer is free to do absent contractual language to the contrary.

[caryandtim]

Thanks for everyone's input! I really appreciate it.
Husband ruptured right biceps tendon playing basketball about 6 weeks ago. He worked through the pain, thinking it was just a minor injury. He finally submitted and went to the doctor and found out the severity of the injury and that it needed surgery. He cannot use his right arm for one month. Can't lift more than a pound. He works in the trucking industry, lots of heavy lifting, etc. But he also works in the office, so he can do office work instead.

While that was going on, he fell at work and broke his ankle. What luck, right?
Original injury date for arm was April 13.
First Doc visit for arm was March 18.
Broke Ankle on March 22.
Had MRI for Arm on March 27
Saw Doc for arm AND ankle March 29
Surgery for Arm on April 4


Ankle is a WC issue. The Arm is NOT. Employer does not have a short term disability, but only long term. Which makes him use his sick days. Ankle is in a walking boot, so he's rather mobile. But the arm is the worse of the two right now.

No we do not have any additional coverage to bridge the gap. NOW I see the value in those policies!

We are not sure how they will proceed. Pay him half day salary or change to hourly. And if they go to hourly, how they determine his hourly rate... that will be interesting! Sighhhh... all the more reason to get better as fast as he can so things can get back to normal. :-)

[ScottGem]

Be thankful he retains his job.

[JudyKayTee]

I have no legal advice to offer - I am sympathetic. You're between a rock and a hard place.

[caryandtim]

I know we live in an "at-will" employment situation. I understand that an employer can legally fire an employee for whatever reason they like - as long as they do not violate particular laws protecting classes, etc. However...

My husband hurt his arm and had to have surgery the other week. He is a truck driver, and does some light office work. He has a strict limitation set by the doctor to not lift over 1lb with is arm, so that leaves out his driving job (as he also loads the shipment on the truck).

The employer is working him 4 hours a day in the office right now. He could work 8 hours but he would not be working at his full potential of course.
The employer is dropping hints and suspicious signals that makes my husband worried he will be let go.

Can the employer legally fire an employee due to an injury that has him working at less than his full potential? In other words, if the employer is not patient with my husband's healing process, and just wants him out... can they do that?

No, this is not a workman's comp injury. This was just an injury done on his own time.

Thank you!

[smoothy]

Surprisingly enough.. yes they can... even if it was a workmans comp case. They really don't have to make extraordinary accommodations...

Had some dealings with something similar recently in a situation where they were a WORK related injury prevented them from a full work load or overtime.

[caryandtim]

OH dear, that's depressing!
Frustrating, when you give everything you have to an employer, you sacrifice your time, energy and put forth so much extra in order to be a valuable and LOYAL employee. But when it comes time that you need a little understanding and help, they could care less! I guess employers like loyalty from employees but we can't expect loyalty from employers?? Ugh!

[smoothy]

Trust me... I know... was a bit unexpected when I learned that. THe ADA isn't as all encompassing even for permanent injuries as you would think... much less short term ones.

I'm assuming he doesn't have disability coverage?

[ScottGem]

Please don't start a new thread over the same issue. I've merged your threads for you .

[caryandtim]

No, No disability coverage. :-(


I'm assuming he doesn't have disability coverage?[/QUOTE]

[caryandtim]

Thank you, I am new here and it was an accident. So sorry!

Please don't start a new thread over the same issue. I've merged your threads for you .