Question:
We have an employee out on Workers’ Compensation leave (not FMLA leave as we have less than 50 employees). There is a holiday coming up and the employee is not expected to be back before then. Do we have to pay him for the holiday?
Answer:
Workers’ compensation provides benefits to workers injured on the job or have a work-related illness, including cash payments that partially replace lost wages and medical treatment. Temporary disability benefits are paid while the worker recuperates away from work according to your state’s benefits requirements. If the employee is still temporarily disabled because of the work-related injury/illness, then he is being compensated for the time off. If you have a company policy or practice that provides for additional holiday pay for employees out on other types of leaves, then treat this employee in the same fashion. Otherwise, there is no requirement to pay holiday pay besides the temporary disability benefits he is receiving.
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