Q. Our policy requires an employee out on
A. A company cannot require an employee to use up vacation, sick or paid-time-off (PTO) time while at the same time receiving income replacement under an STD or other replacement-income plan.
Therefore, under your situation, you should require the employee to use up vacation time during the first week before the STD starts. For the subsequent eight weeks, your company cannot run vacation time while she receives STD payments. However, at the end of the eight weeks of STD, when she has one week of leave remaining, the company can again require her to use up another week of her vacation. Thus, when she returns to work after the 10 weeks, she will have a week and a half of vacation time left.
- Can mental health problems be covered by the FMLA in addition to the ADA?
- Must we offer time off as an ADA accommodation?
- Tell bosses: Careless comments cause lawsuits
- Firing shortly after follow-up FMLA care may be retaliation
- Don't guess on need for FMLA leave! Insist employees follow usual notification procedures