Susan Lessack

Pepper Hamilton LLP
Berwyn, PA
www.pepperlaw.com
lessacks@pepperlaw.com
(610) 640-7806

Susan K. Lessack defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

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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

A. 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.