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Exhausting PTO on FMLA

Can an employer exhaust an employee’s PTO while they are on FMLA for their own illness even if they have a disability plan offered thru the Company benefits but 100% paid by the employee?

The federal Family and Medical Leave Act (FMLA) provides qualified employees of covered employers up to 12 workweeks of unpaid, job protected leave for specified family and medical reasons, including to care for one’s own serious health condition.

Under the FMLA, an employee can elect, or the employer can require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period.

Because leave pursuant to a disability benefit plan is paid, the provision for substitution of the employee’s accrued paid leave is inapplicable, and neither the employee nor the employer may require the substitution of paid leave. Nevertheless, employers and employees may agree, where state law permits, to have paid leave supplement the disability plan benefits, such as in the case where a plan only provides partial replacement income.

This entry was posted on Sunday, November 15th, 2015 at 10:18 pm and is filed under
Benefits, Labor Laws.
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