Need some direction please

[doc2b]

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

Is this the right place to ask a question about payroll problems after returning to work from a Disability leave?
Thanks!

 

[cbg]

Yes, it is. Would you like to ask one?

 

[doc2b]

Yes, it is. Would you like to ask one?

Yes, I would. Thank you!

My husband went back to work a few weeks ago after being out on disability (not work related) for 13 weeks. His disability covers his pay at 100% for the first 12 weeks, and then at 60% for the next 12 weeks. So, his 13th week off was paid at 60%.

He went back to work at weeks 14 and 15 working 30+ hours a week plus working from home a little each night (he's salaried, so it's just part of the job). He's now back to work full time (50-70 hrs/week).

His paycheck just got deposited for weeks 14 and 15 and reflected the 60% disability pay that he would have gotten if he had still been out of work entirely, despite the fact that his HR rep had confirmed with him that he would be paid at 100% (50% from disability and 50% from the company for his "part time" work while he was on restriction for weeks 14 and 15) as soon as he returned to work.

HR won't help him, payroll won't work with him or his supervisor and disability appears to have paid him more than they were obligated to in the first place (I think they were misinformed that he was still out on disability and paid as if he had not returned to work).

We absolutely can't afford to be out any money here, especially with his medical bills through the roof.

I guess the major question is who is supposed to be the one to fix the payroll error and how does my husband expedite this? Sorry if there's too much or too little info, I'm horrible at getting down to the pertinent facts...

Thanks for any help!

 

[cbg]

Who is responsible for fixing this depends on the company structure, but in general payroll is responsible for fixing payroll errors. HR is responsible for fixing HR errors. We don't as yet know which this is.

Can HR confirm that payroll was notified of his return and that he was to be paid at 50%? Can they confirm that the disability carrier was notified?

Does the disability plan allow for this kind of reduced benefit?

 

[doc2b]

Who is responsible for fixing this depends on the company structure, but in general payroll is responsible for fixing payroll errors. HR is responsible for fixing HR errors. We don't as yet know which this is.

Can HR confirm that payroll was notified of his return and that he was to be paid at 50%? Can they confirm that the disability carrier was notified?

Does the disability plan allow for this kind of reduced benefit?

I'll relay these questions to him and see what he says.

I do know that the disability carrier was notified by his physician of his release back to return to work and that it was restricted for 2 weeks, but I don't know if that is the same as them actually being informed by the company that he physically returned.

His HR rep is not communicating with him. His questions are merely answered with " I did my job...take it up with payroll". Anything specific, she skirts around.

Thanks for giving him a place to start, CBG.

 

[doc2b]

Okay, he spoke with the disability carrier...they stated that in this situation, they are contractually liable for 60% of the wages (same as if he didn't return to work at all), and his company is responsible for the remaining 40%. They were notified by his supervisor that he returned to work.

His HR rep, during their last discussion, said that the 60% from disability is all he gets paid for coming back to work and the company isn't responsible for paying him anything. He hasn't gotten ahold of her yet to confirm whether she even notified payroll of his return, but this just doesn't sound right. She was either misinforming him in the beginning when he spoke with her to check and make sure he'd get paid 100%, or she's not willing to fix a mistake now...either way, it's crappy and we can't afford her mistake.

He would have gone against Dr's orders and returned full time and tried to suck it up if we had known it would end up like this...

 

[pattytx]

Are you saying he's working and not getting paid? I'm confused.

 

[ecmst12]

He worked part time for 2 weeks after coming back from leave and was paid by the LTD plan (60%) but NOTHING by his actual employer. Which sounds fishy to me since he's exempt and should be paid the same even if he works 30 hours insted of 40-60.

 

[pattytx]

If he worked, he must be paid something. He can't work for free. However, neither do they have to allow him to "double dip". He can file a claim with the state Dept. of Labor and I'm thinking the best he could hope for is the remaining 40%.

 

[ecmst12]

Pretty sure that's all they want!

 

[doc2b]

If he worked, he must be paid something. He can't work for free. However, neither do they have to allow him to "double dip". He can file a claim with the state Dept. of Labor and I'm thinking the best he could hope for is the remaining 40%.

That's all he wants...no double dipping. I'll let him know about filing with the state Dept of Labor as a last resort if his company won't fix it.

Thanks!

 

[doc2b]

Update

Well, my husband has made some progress in finding out what happened to his pay. His HR rep. grossly misinformed him about the company policy regarding returning to work part time. His work release from the doctor stated he was to return to work 20 hours per week (4 hours a day, M-F). He was required by his boss to stay for at least 6 hours, plus was taking work calls all afternoon until about 8 pm everyday (not nonstop, but was still working nonetheless). So, he was working in office about 30 hours + per week and a few more hours telecommuting.

The company paid him 100% for 20 hours of work, and the disability paid him 60% for the 20 hours he "didn't" work (assuming he was following the dr's recommendation, which he wasn't able to). So, essentially, they were paying him hourly without actually calling it that, and because no one told him this was how it was going to work and that he needed to report his hours worked to someone, he never did. Since entereing management 9 years ago, they have never tracked/reported hours, so why would he assume different under these circumstances? Anyway, his boss spoke with payroll, and my husband spoke with his inept HR rep (who is now saying she told him the correct information from the beginning to cover her behind...this isn't the first time she's seriously misinformed regarding company policy either). Basically, they're all telling him to forget any additional pay.

It's only a difference of a few hundred dollars, but out finances are so tight, that makes a world of difference for our family. Is this worth even fighting, or is it unlikely he would get anywhere with the way things sound? He's not opposed to filing a complaint with the DOL if he has to, but can that tarnish his reputation at work and keep him from moving up?

Ughh...so sick of everything being a hassle all the time

Thanks for any help!

 

[pattytx]

Who is asking for repayment, the insurance company or the employer? He should try to negotiate a repayment plan.

 

[doc2b]

Who is asking for repayment, the insurance company or the employer? He should try to negotiate a repayment plan.

Sorry, I must have left something out or mistyped (feeding baby+typing=consfusing post )

Neither is asking for repayment, my husband's paycheck was a little over 400 dollars short. He was on DB for a while, went back to work "part-time" per his Dr's orders...was told by HR that he would still be paid at 100%. Payday comes, his check was short and he found out that work only paid him full rate for 20 hours and DB paid him 60% for the remaining 20 hours that would make up a full time week. He actually worked 30 hours + each week, but wasn't told to document his time and hand it in to payroll since he is an exempt salaried employee...basically, he's either wanting them to do what they said, which is pay him at 100% or at least pay him at 100% for the additional hours he worked each week and they are refusing at this point.

Hope that makes more sense!

 

[pattytx]

Ah, I get it now. Did they charge 20 hours to intermittent FMLA? Was the amount paid at least $455 for the workweek? The fact that he is exempt complicates matters.