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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Counting paid time off as FMLA leave? Tell worker you're running them concurrently
- Don't blow off legal papers unless you're prepared to personally pay back wages
- What's Working: 8 unique employee benefits programs
- Can employee on FMLA leave collect unemployment?