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What’s the hourly rate for family member caring for employee out on workers’ comp?

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in Compensation and Benefits,Employee Benefits Program,Human Resources

Q. One of our employees was injured at work and is now receiving workers’ compensation benefits and leave. One of his family members provides attendant care for him. What hourly rate of pay should this family member receive for her services?

Section 440.13(2)(b)(1) of Florida’s Workers’ Compensation Act states: “If the family member is not employed or if the family member is employed and is providing attendant care services during hours that he or she is not engaged in employment, the per-hour value equals the federal minimum hourly wage.”

Thus, if you are paying attendant care pursuant to this statute, you currently should be paying the federal rate of $6.55 per hour. (Florida’s minimum wage went up to $7.21 on Jan. 1.)

Note, however, that the federal minimum wage will increase to $7.25 per hour on July 24, and you should make any adjustments to the attendant care rate accordingly.

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