FMLA, WComp, Vac & Ins.

Haydoggie

Hypothetical Situations
Two Scenarios:
1. If we have an employee who is out on comp and we offer him FMLA...are we required to make him take his vacation time during this period. If so, if comp was paying him for his injury, wouldn't that be considered "double dipping?"
Also, are we required to make him pay his portion of the health ins. premiums?

2. If we have an employee who is on FMLA for maternity leave...are we required to make her take vacation time and pay ins. premiums?

Can we have two different policies, one for comp. and one for all else?

POPEYE

You would need to follow policy on all of your questions. You do have the right to require that all vacation or other PTO be used up front. It also would serve your best interest to always run FMLA concurrently with comp cases. (yes that is legal) If not you are leaving the 12 week entitlement window open for future use.

As far as premium payment, again you should have a written policy. The FMLA regs do allow the ER to continue to collect payment within guidelines.

And finally, no you may not treat any EE differently or provide more or less than any other unless you have state laws that may provide additional time for maternity.