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Disability payments and the FMLA

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in FMLA Guidelines,Human Resources,Office Management,Payroll Management

Q. Can we require an employee who is out on FMLA leave to use accrued paid time off if he or she is receiving disability payments? — M.C., Alabama

Under the FMLA, 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.

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