Is this benefits discrimination?

MNHR

I need a sanity check-the head of the company arbitrarily decided that a new (5 months with the company) salesperson would receive full salary after she broke her leg and was off work and/or working from home for a few weeks. This was due to her "demonstrated commitment to the company" (read "bringing in revenue"). Another employee, on leave of absence at the same time for multiple breast cancer surgeries was also working from home answering phone calls, e-mails, etc. She was not on full salary, but rather was receiving short-term disability at $300.00 per week. She learned that the other person received full salary and is rightfully upset. The employee with breast cancer is a 3 year employee and has demonstrated the same commitment to the company (but is not a revenue generator). When the head of the company was confronted with this apparent discrimination he said the longer term employee "should understand" why she was treated differently. Any advice on how to handle? Thanks for your help!

stilldazed

Your situation certainly appears discriminatory on the face (or at least unfair), but the real test is in some details that are not included. Unfortunately, your leader is not helping the situation with his response.

Is some threatening to take action? If so, get an attorney. If not, research benefits administration in your state and seek to understand with great detail the ins and outs of benefits administration. Details would include how workers are classified and how benefits packages in your company (if you have more than one) are assigned to the classes, whether there are any written limitations in benefits available that he has flexed, details in your company policy that describes whether your company can be or expects to be more generous for some classes, etc. Your reference about the fortunate recipient of generosity being in sales and others who received a lesser benefit signals that separate packages are or could be available. When it comes to benefits administration, which is very complex and I am hardly equipped to advise, participants in a benefit plan are the similarly situated population, and there can be multiple benefits plans in place within the same organization as long as participants are segrated by objective measures, i.e., job class.

I'd be interested to hear from other forumites on this one.

best wishes,

MNHR

There is only one class in the single disability benefit policy that covers all employees. That is what makes this so problematic. I appreciate your input!

Dutch2

As Dazed mentioned... so many what if's to consider.
At frist reading, my concern would be if the longer term ee is continuing to work from home while off; she should be compensated for all time worked.
Our STD policy does not allow us to double dip. If an ee is receiving STD we cannot pay them any additional compensation. How does all of this fit into your sick leave program? If we had an exempt ee off for a few weeks due to injury or illness they would be paid as they have 30 day paid sick leave and STD starts on day 31. If a non-exempt ee is off for a few weeks, they can earn up to 30 days of sick leave (and/or vacation) until STD kicks in on day 31. I am sure this type of program will vary considerable from one er to the next. Your Sr. Mgmt does need to be more understanding and able to explain why, based on policies, this is being done.

MNHR

Yes, the pay to work at home is also an issue. I think I'd better make a matrix with all the layers of issues here and address them one at a time. Thanks for your help.

System

Another problem I see with this situation is disability discrimination. It is possible that breast cancer would qualify your employee as disabled under the ADA (as opposed to a broken leg, which would not). If the employee with breast cancer is, in fact, disabled (or perceived as disabled), you have a situation where a disabled employee out on leave is not getting her salary, while a nondisabled employee out on leave (and with less seniority, to boot) is getting her full salary.