LTD and vacation

Donna Banker

If someone is out on LTD leave, can we require them to take all available sick leave. Can we require them to take their vacation days also? We have a debate here as to whether we can or cannot do this. I have no idea where to look to see if this is allowed - is this employer policy only or is this under a state or federal regulation?

Thanks for your help!

Terri

We require all vacation and sick time be used up before LTD kicks in. This is in our policy manual. I don't believe this state requires it because they don't care whether we allow sick and vacation time or not. However, they do care whether we follow our own policies or not.

POPEYE

Your state should have a DOL website that will have answers. You will need to abide by your state law but you should also have written policy to cover these types of events. Whatever you do in this case will set a precedent for the next 50.

Don D

Also be sure that your LTD carrier knows that the ee is drawing leave pay so they will not double pay him. This will affect your experience rating with them, although minimally.