FMLA Policy interpretation

Our FMLA/STD leave runs concurrently according to our policies. We are self funded STD. Our policy states that the employee must take all accrued vacation and sick leave prior to being eligible for short term disability, which is 60% of their weekly salary. Employees have typically been asked to use vacation and sick time for the current and subsequent year before receiving STD benefits. Can we ask them to use their vacation and sick time for the subsequent year? Please answer ASAP. Thanks.
Marty
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