Legal Question in Employment Law in California

short term disability for assistant

I work for Bank of America. I have an assistant that I pay for. She is an employee of the bank and I pay her salary. The bank pays her benefits. She is out on short term disability. The bank tells me I must pay her salary for this since this is a benefit the bank offers....up to 6 months of short term medical leave. Is this true?


Asked on 8/24/07, 10:55 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: short term disability for assistant

If she is on disability, either she collects SDI or company financed disability insurance, not salary.

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Answered on 8/24/07, 1:48 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: short term disability for assistant

This makes no sense. If your assistant is an employee of the bank, there is no reason you should be paying for her expense, especially if you are also an employee of the bank. There is a piece of this story I'm missing. You must discuss the matter with an experienced employment law attorney to get the full story and to figure out why such a large corporation is engaging in, what appears to be, blatantly unlawful practices.

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Answered on 8/24/07, 2:31 pm


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