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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

You are here: Experts > Business > Corporate Law > Employment Law > sick pay

Employment Law - sick pay

Expert: Shirley McAllister, CPP, PHR - 11/2/2009

Question
I recently missed one full week of work due to my son being ill with the H1N1 virus, croup virus and bacterial pneumonia. He was hospitalized for one day out of the week and did not receive a doctor's release to return to daycare until Friday afternoon. My company had no policies set into place regarding sick time before this situation occurred. Now, conveniently, they have made up their sick policy and it sounds as if I may be paid for one day out of the five that I missed. I do not understand, however, because I am on salary. I thought that if you were on salary, you got paid the same whether you worked 20 or 60 hours a week. There have been many weeks that I have worked 60 hours and have not been compensated for overtime, yet my pay is being docked if I work under 40 hours... i am confused. I have been told in the past to take time off here and there and have been compensated. Is it ethical and even legal for a company to change their minds/policies on a whim and without notice? What about FMLA? How many days can you be out due to illness before you can be eligible for FMLA?

Answer
If you are salaried and miss one full week of work you do not need to be paid for it. If you miss one full day for any reason other than your own illness you do not need to be paid for it. FMLA starts with 3 days out if you ask to be on FMLA. It is unpaid leave it simply holds your job for 12 weeks in the case of an illness or the illness of a family member. You do not get paid when on FMLA leave. They do not have to pay you for any of the days since you were off a full week, if they pay you for one day it is more than they are required to pay for.

Shirley

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