DISABILITY AND EXEMPT EES
Chefsint
23 Posts
In New Jersey-
Can an employer require that an exempt employee use vacation/sick time while out on disability?
Does the employee have the choice to supplement?
Comments
I am not sure of what the state law of New Jersey may say however there is some guidance in the FLSA and FMLA statutes. Your question actually intersects both.
First did you follow FMLA procedure for this employee's absence?
Not knowing if the employee also may become subject to ADA-AA, the rules under FMLA would allow the company to require substitution of paid time for an FMLA qualifying absence of the employee's serious health condition. FMLA states two things, that the employee can choose substitution of paid leave or that the employer can require substitution of paid leave. However be careful about using vacation time for a serious health condition rather than expending any sick leave time the employee may have.
FMLA procedures were/are followed.
An ee out on STD (FMLA qualified) can not be required to use PTO while receiving payments under disability plan. They have the choice to supplement disability payments with PTO.
If the ee is out on FMLA qualified leave and not disability (ie care for family member, bonding, etc.) then we can require that they used PTO. NJFLI will be effective July 1, 2009. How will this effect the use of requiring use of PTO?
Does the same apply for exempt employees?
Is anybody able to help me with the above question?
Does the same apply for exempt employess?