In order to recive a bonus an employee must be active at the time it is given; if an employee was out having been hurt off the job, do we still have to pay?

Question Details:

Do we still have to pay if he hasn't come back to work?

Asked 11/19/2009 under Employment and Labor | 134 View(s) | More Legal Topics

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Employment and Labor Law Answers

The answer to the question depends on how your policy defines "active employee." If by "active" you mean an employee who is physically working at your work site, then you may not have to pay the bonus. But if "active" means an employee that is currently on the company's payroll, then you probably are obligated to pay the bonus to that employee as long as he is still on the payroll but not actually working at the work site because of an injury. If you have not specifically defined what an "active" employee is under your policy, then I think the injured employee is entitled to the bonus.

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