Legal Question in Employment Law in Georgia
We have an hourly employee who needs to take time off to care for a seriously sick family member. Because this employee is so valuable, we plan to continue to pay him his full, regular pay check even though he won't be at work for about a month. This employee needs the money and he's valuable so it was very easy to make this decision. Because of these actions, though, are we setting a binding precedent we will be legally required to follow for another employee who may need time off for similar reasons in the future? (Our employee handbook does not explicitly address paid leave for caring for sick family members.)
1 Answer from Attorneys
Technically, you would not have to provide the same dispensation to other employees. However, it may give someone ammunition to make a claim that you are treating them differently due to a discriminatory reason, and you would likely have to show the business reason for allowing this employee paid time off.
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