Q. Can the time spent on workers' comp leave be counted against
A. Yes, as long as you informed the employee at the beginning of the leave that any time spent on that workers' comp leave would also count against his or her 12 weeks of authorized time off under the .
Note: Employers can usually require that employees onexhaust all accrued leave (i.e., vacation and sick leave) before being placed on unpaid leave. However, if an employee is already getting workers' , you can't make him or her use paid leave.
- Review insurance policies for legally dangerous exclusions
- Carefully Craft Policy to Avoid Paid-Leave 'Stacking'
- Employees and former employees have up to 3 years to file suit under FMLA
- Cut slack on notification requirement when emergency clearly signals FMLA need
- Grant FMLA leave for pregnancy-related issues