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What should we do? Employee has used all her sick leave, but she’s still sick

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in FMLA Guidelines,Human Resources,Office Management,Payroll Management

Q. One of our employees is out sick and has already used up all her sick leave hours. Can we legally subtract from her vacation time instead?

A.
It depends on your policy. You may want to consider a policy that counts sick, vacation and personal time as one bank of paid time off. That way, your employees can use the time for any of those purposes.

To do what you propose in your question, you should have a policy that requires the use of vacation time if an employee on sick leave has no sick leave days remaining.

You can also include language in your FMLA policy that requires employees to use any accrued paid leave during their FMLA leaves. (If you operate in states other than Pennsylvania, check those states’ laws to determine whether that practice is permissible.)
 

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