STD + PTO = OK?

Our company doesn't qualify for FMLA. We have an employee taking short term disability leave for maternity leave of 6 weeks. The policy provides for pymt of 66-2/3% of her salary. Can we compel her to use her PTO time during this period to bring her to 100% of her salary. Our reasoning is that we can't afford to have an employee out for 6 weeks then come back to take another 2 weeks off using her PTO. Also, is this money considered earned income for purposes of bonus and other benefits?

Comments

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  • Is there a waiting period or elimination period before STD kicks in? Our written policy states that all PTO must be taken during this time. The employee has the option of using vacation time as well. Also, how has this been treated in the past? Remember you need to be consistent. If it is the company's intention to change their policy, all employees should be given at least a 30 day notice of the change in writing. But this particular employee should be treated as others have been treated in the past.
  • Our company has been inconsistent in the past. Our VP has the understanding that it is mandatory for employees to use PTO time to supplement STD. That has not been the case. They are required to use PTO for the 7 day waiting period prior to benefits kicking in and some have been required to use it during their disability period while others not. Obviously we need this in writing and I'll take your advice and do so with 30 days notice. Thank you.
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