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.
- Firing employees on FMLA leave: Occasionally legal, usually unwise
- Break into vacation-Leave bank if sick leave is empty
- Hershey Med responds to retaliation charges
- Beware cryptic notes in your HR files--they could be used against you in a later lawsuit
- OK to fire worker who took FMLA leave--as long as reason doesn't involve FMLA