If I am a full-time employee, can my temporary disability be based on less than a 40 hour work week?

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If I am a full-time employee, can my temporary disability be based on less than a 40 hour work week?

I am currently receiving temporary disability through my employer but it is not enough money. I’m only receiving 60% of my pay. I’m considered full time plus 40 hours a week. However, my manager told payroll just to give me 36 hours because some weeks from the past year they gave me maybe between 30 and 40 hours due to business being slow. But before I went on family leave, I was getting 40 hours unless I had appointments. Can my company just give me 36 hours with my benefits and can I receive my temporary disability and social security disability at the same time? I am on dialysis; I started about 2months ago. I’m thinking about going on long term disability with my employer because I work as a home health aide and my job require me to do lifting.

Asked on October 11, 2010 under Employment Labor Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The calculation by your employer as to the number of hours worked was more than likely an average for the year.  Each state has rules about calculating hours for every type of payment: disability, unemployment, etc. What you may not realize is that the last few months that you worked the 40 hours plus may have bumped up the months that were less than the 36 hour average you ended up with.  I would check with a disability attorney in your area as to the temporary award and the possibility of going on permanent disability.  This way you can cover all base and see which avenue is best for you.  Good luck.


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