Can you make an employee take vacation time?

We want to update our policy to read that you must first use any vacation and/or personal time before unpaid leave is granted.  We are in Ohio.  Is this okay? 


  • 3 Comments sorted by Votes Date Added
  • Absolutely.  Just make sure it is applied consistently throughout especially when it comes to governed leaves such as FMLA.
  • Although if your FMLA policy already requires concurrent use, be sure that you are not asking for information you are not entitled to until after the vacation time is up.  A cleverly crafted vacation policy for vacation use during illness will help prevent abuse.
  • Your discussion leads me to another question on the topic.  We have not required ee to use vacation time with FMLA and if they have elected to do so, we had opted NOT to count it as part of their FMLA time off, but rather as additional time off that was available for use as paid vacation time.  Is that still permissible because the new form WH-382 does not give an option - it says you can sub paid time i.e. vacation, but then goes on to say it will still count against FMLA time???
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