California Employment Law

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I have a employee that it on salary, they was out for a week…

I have a employee...

I have a employee that it on salary, they was out for a week due to being sick. Do i still have to pay them a full week salary or just the three day.

Lawyer's Assistant: Have you documented this or discussed it with HR?

Documented, payroll is tomorrow and an in Los Angeles county

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time and yes at will

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Answered in 2 minutes by:
11/16/2017
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,371
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Can you explain what you mean when you say "just the three day"? If they were out the whole week, what three days are you referring to? Also, can you please tell me whether they were compensated using sick days for this absence? I very much look forward to helping you on this matter.

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Customer reply replied 8 months ago
California three day paid sick time

My apologies but I am a bit confused by your response. Can you elaborate?

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Customer reply replied 8 months ago
ok, we have a California company with 25 employees we are located in Los Angeles County.
my question is
If we have a full time salary employee and he's out sick for the week, do we have to pay that week salary if he didn't work?

Thank you.

An employer in this circumstance would be required to pay whatever sick leave the employee has accrued. However, the law provides that employers can make wage deductions for exempt employee absences of one full day or more caused by sickness, an accident or a disability if the employer has a “bona fide plan, policy or practice of providing compensation salary loss due to sickness, accidents or a disability.” Since you have a sick leave policy (and it is actually now a requirement in CA to have a sick leave policy), you would have a "bona fide plan" regarding sick leave and thus be permitted to deduct for any additional full day absences caused by illness that are not covered by sick days.

Put more simply, an employer in your situation would generally be able to charge whatever sick days the employee has accrued for the missed days. To the extent there are no more accrued sick days, you would generally be able to make a pro rata salary deduction for additional fully missed days. So if your employee had 3 sick days, you would pay those and then deduct 2 days on a pro rata basis from the employee's salary for the week.

I hope that makes sense. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Ask Your Own California Employment Law Question
Customer reply replied 8 months ago
thank you

Okay, great, I'm glad I could help. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,371
Experience: Significant experience in all areas of employment law.
Verified
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