If I have a salaried employee who was in a car accident and will not be able to work for at least 10 days, am I legally obligated to pay her for this time off?

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If I have a salaried employee who was in a car accident and will not be able to work for at least 10 days, am I legally obligated to pay her for this time off?

Asked on April 15, 2019 under Employment Labor Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

While a saleried employee must be paid for days or partial days worked, they need not be paid for days in which they do not perform any work at all. That is unles PTO, vacation or sick time is used to cover their absence. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you do not have to pay a salaried employee for any days she does not work at all (if she does some work during a day, you have to pay her for the day, but not if she none whatsoever), unless she has and uses paid time off (vacation or sick days). If she uses PTO, pay her for however many days she has and uses.


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