Docking exempt associate salary for ongoing LTD

Frenchie

We have an associate who was absent on LTD. He returned to work at the end of May. This week he will be absent for three days for a follow up treatment. I have contacted our LTD provider and he is eligible for a partial LTD payment for those days. Do we still need to pay him his full salary for the week?

Hatchetman

Prior to going on LTD, was he subject to a short tierm or paid sick leave benefit? If he was then that allows the docking of salary now.

Under FLSA -- 29CFR541.118(a)((3), if he is absent for a full day then you may dock the salary for that day since his absence, dute to illness or injury, is covered under a sick pay mechanism, in this case an LTD plan.

I suspect your state wage and hour law would also probalby allow a docking but you should check that as well.

Frenchie

Thank you. I thought that was the case, but wanted to make sure.