hourly employee is sick all the time - do I need to pay him for time missed?

[sdlegal]

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

My employee suddenly developed serious health problems and he has missed work for over a week. I pay him the same amount each payroll period but it's not a salary it's hourly. I don't have any written contract with him or time and attendance policy on paper but is it understood that an hourly employee doesn't get paid for the hours he doesn't work? I have paid him a few payroll periods even though he missed a few days, just to show good will, but this is getting too costly for me.

Note: there is nothing on paper that indicates that we offer benefits such as sick time. We have no policies at all for this. Employees are expected to work full time year round (with holidays off).

 

[HomeGuru]

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

My employee suddenly developed serious health problems and he has missed work for over a week. I pay him the same amount each payroll period but it's not a salary it's hourly. I don't have any written contract with him or time and attendance policy on paper but is it understood that an hourly employee doesn't get paid for the hours he doesn't work? I have paid him a few payroll periods even though he missed a few days, just to show good will, but this is getting too costly for me.

Note: there is nothing on paper that indicates that we offer benefits such as sick time. We have no policies at all for this. Employees are expected to work full time year round (with holidays off).

**A: so you are saying that none of your employees have any benefits such as sick leave, vacation, medical, workman's comp....etc.?

 

[sdlegal]

**A: so you are saying that none of your employees have any benefits such as sick leave, vacation, medical, workman's comp....etc.?

Yes I have workman's comp, but the employee was not injured on the job. No, currently I don't have a sick leave policy or one for vacation. I am not financially in a position where I can offer any benefits.

 

[Willlyjo]

Yes I have workman's comp, but the employee was not injured on the job. No, currently I don't have a sick leave policy or one for vacation. I am not financially in a position where I can offer any benefits.

Under the circumstances, you need an employee who is going to be there all the time he is suppose to be. It is unfortunate that your employee got so sick he missed a whole week, but this is not good for you so you must find someone who is better suited to accommodate your requirements. You are perfectly within your legal rights to do so.

BTW...you were very generous to pay this particular employee for days he missed previously as a result of illness, but you were not required to do so then and you certainly are not required to do so now.

 

[sdlegal]

I don't know enough about California employment law. But I believe my main question has been answered: I don't have to pay him if he is sick. I'm sure it doesn't help employer/employee relations, however, and I am aware of that.

My business is hanging by a thread, which is why I am coming forward with this situation. Any other advice would be appreciated.

 

[ecmst12]

How many employees do you have?

 

[Willlyjo]

The reality is that it is profoundly obvious that the OP is a SMALL BUSINESS that does not employee enough people to be held to FMLA requirements, which is the only way an employee who misses a week or more (up to limits imposed by FMLA) could avoid termination if his employer wanted to terminate him.

 

[quincy]

The reality is that it is profoundly obvious that the OP is a SMALL BUSINESS that does not employee enough people to be held to FMLA requirements, which is the only way an employee who misses a week or more (up to limits imposed by FMLA) could avoid termination if his employer wanted to terminate him.

Your "assumptions" are often wrong. To top it off, you don't even know the law to go along with your wrong assumptions.

And, sdlegal, I recommend you click on Willlyjo's name and read his posting history.