Q. Can we require an employee who is out on
A. Under the , you can’t require an employee to use accrued paid time off when he or she is receiving disability benefits unless the disability payments don’t replace 100% of salary. If they don’t, you can require an employee to “make up” the difference with paid time off.
For example, if the disability policy pays 60% of salary, you can require the employee to use paid time off to cover the remaining 40%.
Check the law in your state for any additional or different requirements.