Q: We have an employee returning from WC to work PT light duty, can I start taking the deductions for their benefits?
We paid his portion of the medical and dental benefits while the employee was out on WC, now that the employee is returning part time and will receive a paycheck from the company and partial payment from workers comp. The company would like to start taking the employee deductions for the benefits he elected from his paycheck. Are we allowed to? Thank you!
A: Frankly you didn't have to pay his portion when he was off on WC, and yes you can start taking the deduction now that he is back to work. As a brief caveat, this answer could change if there is a collective bargaining agreement or history of treating other employees differently, and to be 100% sure of your rights and obligations you would need to review this matter in detail with an employment lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
