Carol CA

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Carol CA
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  • Thanks for the update. It's always nice finding out the result of situations posted.
  • You wouldn't be able to hold his paycheck in my state of California. You should continue to pay him as usual (especially being exempt you can't "dock" him). However, you need to address the performance issue of not turning in his paperwork in a ti…
  • We don't have any non-exempt, salaried people so I'm not really familiar with how that works. I would think, however, if they are eligible for overtime that it would be OK to use partial sick days and dock when they run out just like you would for …
  • I'm also in California and agree that placing a cap at the same amount as the accrual rate could be viewed as a "use it or lose it" policy. What we have done is set the accrual rate at 40 hours (1 week) beyond their normal accrual rate. So a new e…
  • Although you are right that doing 26 pay periods is more than 24, in the long run it is really easier as you are on consistent 80 hour pay periods. The 2 extra pay days are worth the simplicity. There are lots of companies out there to help you. …
  • I would suggest that you change to 26 pay periods. You say you are paying people for two weeks at a time. If that is true, there is no way you can have 24 pay periods. 24 x 2 = 48 weeks instead of 52. It is much easier to pay two weeks at a time…
  • I am not a lawyer either, but I do work in California. Where I see your big problem is in the inconsistency of the treatment. If all other employees receive holiday pay and this employee does not, he could have a good case of discrimination. Cert…
  • We don't mandate direct deposit, but we highly encourage it. I agree with Don that I don't buy into why we would want to mandate it. We also have production workers who claim they have difficulty in getting a checking account. If they want to rec…
  • Check your state laws. Although vacation is not a mandated benefit, if you grant vacation, you can't always do whatever you want. I like the way we handle it here in California -- an employee starts accruing from their date of hire, so after a yea…
  • Although I sympathise with the employee and understand how he wants to help his son, I don't believe the expenses would be compensable under the Flexible Spending Account. It appears the son is over age, not a dependent, not a full time student, no…
  • I think the charity is a good idea. Sometimes people think a "beneficiary" must be a spouse or child. She could also name a niece/nephew, neighbor, friend, etc.
  • The children have a right to continue the insurance through COBRA - who pays for it is another matter. If the soon-to-be-ex-employee cannot afford the COBRA payments without his job, and the mother cannot afford the COBRA, their coverage would ceas…
  • Oops - should have previewed that last message. I meant to say if they weren't feeling well it would still be vacation.
  • I don't think I would announce that if you get a doctor's note we will change your vacation to sick. I would keep it more on a case by case basis. If someone is really sick or in an accident, then you can change it if they have the doctor's. If s…
  • This is a tough one. If someone gets "sick" while they are on vacation, we usually say too bad they didn't have a great vacation and make them still code it to the pre-approved vacation. In this incident the person was in the auto accident BEOFRE …
  • I would say that yes you can take the owed premiums out of the vacation pay coming to him. When the employee signed up for the insurance it was understood that the premiums would be deducted from his paycheck. It doesn't matter if that paycheck co…
  • I agree you have quite a mess on your hands. If you decide to keep this employee, I would definitely get another doctor's note. If he is passing out in his car in the parking lot, what would happen if he passed out while operating machinery at wor…
  • I agree that you need to take this in hand. Check on FMLA because you may need to provide the 12 weeks of leave. However, regardless as to whether or not he qualifies for FMLA, he still needs to pay his portion of the medical insurance. Failure t…
  • We also have had to switch carriers due to rising premiums. Our employees are told that our plan year is the calendar year. Each year we have open enrollment for effect January 1st. We usually have to start the enrollment process in November to g…
  • My kids attend YMCA camp daily every summer and our Dependent Care account covers this. They are ages 10, 8 and 6 and so are too old for "day care" programs and they have to go somewhere during the summer so I can come to work. That is the whole i…
  • I talked to my corporate offices who administer our FSA accounts. They said we do allow COBRA for our employees, but it may depend on how the company document is written. She wasn't sure if it was a law that all companies had to follow about allow…
    in FSA Problem Comment by Carol CA May 2002
  • I'm just shooting in the dark here (I'm not an expert on this subject by a long shot), but thought of some other options you might try: 1) Since you are pregnant and on bedrest, you might qualify for FMLA. Benefits are suppossed to continue throug…
    in FSA Problem Comment by Carol CA May 2002
  • Normally our new hires accrue vacation at the rate of 2 weeks per year. On an exception basis, we will bring people in who start accruing at 3 weeks per year. The extra vacation is used as a bargaining chip when necessary to attract higher level/m…
  • I don't know about ERISA -- maybe someone else can help with that. You need to look at what makes sense, however. This employee is receiving the benefit of having the medical insurance through the end of the month. Someone has to pay for it. T…
  • For our retirement awards we have a booklet where the employee can select their own gift. There are different booklets with different values of gifts based on years of service -- not on position. This is similar to what we use for our service aw…
  • I think you need to pay for the full day if they work any portion of that day. But, if they are gone for a full day you do not have to pay. You need to continue that practice until they accrue more time and work themselves out of the hole. As far…
  • I would follow up with the doctor and explain to them that "regular hours" at your company means working 8 hours days, but twice a week until 7:00 (which would still be only 8 hours - not overtime). I've found that doctors want the employees to be …
  • I would agree with the above. You stated yourself that you were planning on retaining this employee as a Director. Now you want to fire him. What is your reason? It can't be anything work related. If it is because you perceive that he is taking…
  • If she typically does a lot of keyboarding in her job, she may have grounds for a worker's comp claim. If so, you are not required to provide modified duty (although many companies do so to try to keep people working and costs down). She would be …
  • Ditto. I would agree to announce your new policy ASAP before anyone else goes out on leave. Grandfather the two that are already out, but when they come back let them know that if they need to go out again in the future (even if it is the result o…