my sister is working for a company in texas that says they are paying her salary. she had to take leave from work til oct 1st for medical reasons. now they are telling her she will not be paid for the time she is gone. her employer was supposed to get them started with their madical insurance and she has been after him for it for awhile. she was finally forced to just go to the hospital. can they dock her pay like that? what are the texas laws governing salary pay?
2006-09-27 16:57:06 · 5 answers · asked by Ashley V 1 in Business & Finance ➔ Careers & Employment
Yes, the companies set their own policies in regards to sick time and such. She needs to apply for disability if she can not work. The thing they can not do is fire her. The family medical leave act gives a person three months to be out of work for a medical issue, or even if a family member has a medical issue. Companies get creative with this though, and end up laying you off, or eliminating your position. Therefore your absense technically is not the reason behind your termination.
The medical insurance issue is the companies policy as well. Has she paid anything towards it at this point...that could make a huge difference in proving whether they have wronged her in some way.
2006-09-27 17:02:44 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Typically in a salaried position, you are required to submit some sort of request for paid leave in order to receive any money whether you are sick, being a caretaker for someone who is sick, or just on vacation. If you have used up all paid time off, or you are new to your position and have not accrued any paid time off, then unfortunately no, her employer is not obligated to pay her for the time she is not working. As to the insurance benefits, that is a whole other question that needs more detail. If she fulfills all the expectations for being enrolled into the insurance program, and her employer has not provided her the avenue to be enrolled, then I would say she should explore legal recourse for that, but only if she does not want to continue working for the employer.
BTW, to be protected by the FMLA (family and medical leave act) a person must be employed full time for at least one year. In addition, there are requirements regarding the size and business nature of the company for FMLA to apply. FMLA does not guarantee any sort of paid leave, it just prevents the employer from permanently filling the position. In fact, employers do not even need to offer you the exact same job in order fulfill their obligations.
2006-09-28 00:03:05 · answer #2 · answered by Freddie 3 · 0⤊ 0⤋
According to general legal provisions for employment, if
She is being paid a "Salary" from a "company": Then she is entitled for medical insurance cover for employees which should have been attained by the firm (according to legal provisions). Thus it is no ground to say, that she is not supposed to be paid during the leave.
Is she going on Medical Leave?
Then she must be paid, despite whatever the fact may be (but, has it been inserted as a term in her job particulars?).
2006-09-30 22:46:18 · answer #3 · answered by monkeymorebiz 4 · 0⤊ 0⤋
Her offer letter should state whether she is eligible for benefits and whether there is a waiting period before she is covered.
If the offer letter states that she is covered, and there is no waiting period, she should be covered from day 1, no matter whether she has filled out the paper work or not.
It is uncommon that employers pay for short-term disability, but the insurance may cover it. Depends on the package.
2006-09-28 00:09:51 · answer #4 · answered by Ivan 5 · 0⤊ 0⤋
key in STATE OF TEXAS in the search box and it will bring up the state of Texas and you usually can ask questions concerning you state laws. also contact the attorney general office of texas they can help you locate this information.
2006-09-28 00:03:59 · answer #5 · answered by PHAT 2 · 0⤊ 0⤋