Can we ask employee to use paid leave before receiving workers’ comp benefits

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in Employee Benefits Program,FMLA Guidelines,Human Resources

Q. Can an employee who is receiving workers’ compensation wage-continuation benefits be required to use sick, vacation and personal leave time to cover days missed due to the work-related injury?

A.
An employer may require an employee to substitute paid leave for unpaid FMLA leave. However, if the employee is receiving workers’ compensation benefits, the leave is not “unpaid leave” and the FMLA regulations permitting an employer to require an employee to substitute paid leave do not apply.

Thus, an employer may not require an employee to use paid leave time for the period that the employee is receiving workers’ compensation benefits.

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