WC, FMLA and PTO

KathyA

Our policy requires an employee to use their sick leave when taking FMLA leave. Can an employer REQUIRE an employee to take their sick leave while off on FMLA AND Workers' Comp (i.e., BEFORE the Workers' Comp payments kick in)? Thank you.

LindaS

I don't know about your state WC laws but ours pay as follows:

No payment for days 1-3 off. After the third day they start paying and if they are off 7 days, WC goes back and picks up the first three days. If an employee is only off for four days, they are not eligible for those first three so technically we can force them to use the time but our state FMLA law states that when an employee is off for FMLA and they are covered under the state regulations (we run them concurrently), the employer cannot FORCE an employee to use any paid time. Once they run out of state leave and are only covered under the federal, we then can require them to use paid time but if it is WC, the insurance carrier is paying already.

Hope this helps.

Theresa Gegen TX

Under the FMLA, an employer can require an employee to use paid leave concurrently with FMLA. (this should be stated in your company policy -- some employers require use concurrently, some require paid leave first, and some will let an employee use all FMLA and paid leave based on the employee's choice).

Unless there is some rule in your state's worker's comp law to the contrary, the employee can be required to use pto while on FMLA.

Good Luck!