Paid Sick Days during Short Term Disability Leave

[nikkikim]

What is the name of your state (only U.S. law)? New York

We have an employee who is currently on Short Term Disability, but wants to extend it to a Long Term Disability claim due to suffering from multiple conditions. However, in calculating how many vacation days we pay out to her, do we or do we not have to include sick days?

For example, she has 13 Vacation days remaining, which includes 2 sick days. So do we pay out 13 or 11 vacation days to our employee?


Thanks for your help!

 

[cbg]

Is her employment being termed?

 

[nikkikim]

No, as of now she is still considered a full time employee.

Will there be a difference if we are planning on opening up her position with a new hire?

 

[cbg]

The reason I asked is that if you are not terming her employment, I don't understand why you are paying out either vacation or sick days. If she's receiving disability benefits of any kind, she's got an income. So can you explain?

 

[Dillon]

The reason I asked is that if you are not terming her employment, I don't understand why you are paying out either vacation or sick days. If she's receiving disability benefits of any kind, she's got an income. So can you explain?

technically, she does not have an income, it only money received to make her whole and not taxable.

actually, the so called benefits are for companies to help avoid costly lawsuits

----------

 

[ecmst12]

That's not even remotely true. Disability insurance income represents wages and is taxable income.

 

[tranquility]

That's not even remotely true. Disability insurance income represents wages and is taxable income.

Wouldn't it depend on how the insurance is paid for?

 

[swalsh411]

Income from STD (not sure about LTD) is not taxable if the employee paid the premiums. It is taxable if the employer paid them.

 

[Dillon]

That's not even remotely true. Disability insurance income represents wages and is taxable income.

the w/c is to prevent future damages to the employee, like loss of house and car, etc.. and not for lost wages.

the w/c is for food to keep one alive and to pay their bills until whole again and not to go for a new TV.

once a person is whole again their income can be taxed.

this w/c is for ones survival and not to get rich.

------------------

its my understanding, one cant have taxable imcome if one is not working or if one doesnt do business in the U.S.

------------------

 

[Proserpina]

its my understanding, one cant have taxable imcome if one are not working or if they dont do/have business in the U.S.

Alimony = taxable income. No job required.

 

[Dillon]

Alimony = taxable income. No job required.

Hi, proserpina,


I consider alimony a gift and not a court order.

as you know, one cant be forced into a court of equity (like a divorce court) per the judicial act of 1789.

but thats another subject.

The concept of modern alimony in the United States derives from English ecclesiastical courts which awarded alimony in cases of separation and divorce. Alimony was given until the divorce decree, based on the husband's duty to support the wife during a marriage that still continued. Post-divorce or permanent alimony was also based on the notion that the marriage continued, as ecclesiastical courts could only award a divorce, similar to a legal separation today. As divorce did not end the marriage, the husband's duty to support his wife remained intact. The term alimony comes from the Latin word alimonia ("nourishment, sustenance", from alere, "to nourish"), and was a rule of sustenance to assure the wife's housing, food, clothing, and other necessities after divorce.

sounds like a separation of church and state issue, to me.

also interfering with a contract.

----------

i hope that helps

----------

 

[Proserpina]

Hi, proserpina,


I consider alimony a gift and not a court order.

Neither I, nor the courts, care about what you consider.

The law is the law.

Alimony is taxable income.

End. Of. Story.


Hope this helps.



(Not that it matters - I'm merely correcting your previous misconception)

 

[cbg]

And whether alimony is or is not taxable income is not even remotely relevant to this thread; nor is whether Dillon considers STD benefits to be income or not.

What is relevant is why and how the employer is paying out the paid leave time. The answer to the OP's question can be anything from (a) you don't have to pay out either; (b) you have to pay out vacation but not sick; (c) you have to pay out sick but not vacation; or (d) you have to pay out both.

When the OP comes back and gives us more information, we'll have more to go on. Until then, we're only guessing.

 

[Dillon]

What is relevant is why and how the employer is paying out the paid leave time. The answer to the OP's question can be anything from (a) you don't have to pay out either; (b) you have to pay out vacation but not sick; (c) you have to pay out sick but not vacation; or (d) you have to pay out both.

When the OP comes back and gives us more information, we'll have more to go on. Until then, we're only guessing.

its my understanding, Generally, the employer is not obligated to pay vacation or sick time unless requested to do so by the employee or unless the employee quits than any unused earned vacation or sick-time should be paid.


i hope this helps the OP, but they should check their state's case law.

 

[cbg]

And that's why I'm the one who takes care of employer-related benefits for a living and you are not.

What you say can be true in many cases. There are exceptions. What I am trying to find out from the poster is whether any of those exceptions exist.