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Workmans Comp and PTO

Leah4Leah4 27 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an employee is going to go out on a very short workmans comp leave. I understand I can require this to run concurrent with FML, but what about accrued vacation and sick days. What is the general policy, does the employee use vacation time as well, or is vacation treated separately so that when she comes back to work, she will still have vacation time left.

Thanks!!!
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  • 6 Comments sorted by Votes Date Added
  • POPEYEPOPEYE 958 Posts
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    These questions concerning requiring paid leave time to be used should be addressed in your handbook policies. Absent that, you must advise the EE in writing (hopefully before the absences begin) of what you will require and you will need to be consistent with what you have done in the past or will do in the future.

    BTW Welcome to the Forum!!
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  • Don DDon D 9,834 Posts
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    The bottom line is that you can require all types of leaves to run concurrently. Write your policy manual so as to make it clear that while on FMLA, the employee is burning not only sick and vacation time for personal medical absence, but vacation time for any family approved FMLA absence. Otherwise you will find them 'stacking' leaves, taking FMLA, then vacation, then sick leave. It's perfectly legal (and recommended) that you manage and publish this so as to benefit the employer and preclude the employees' screwing the system. In the absence of specific language on this subject, you can count on employees screwing you.
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  • Leah4Leah4 27 Posts
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    Thank you very much for your response, it was quite to the point, and exactly the answer I was looking for. You are right, there is nothing worse than being out, and then taking vacation, it makes everyone mad!

    Thanks!
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  • Don DDon D 9,834 Posts
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    I do tend to be rather vague in some of my answers and I need to be more to the point (he said tongue in cheek). I hope you were not offended. It's just that I've been screwed so many times that I tend to call it what it is. And with FMLA, it seems that the activity was taken up a notch or two. x:-)
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  • cthrcthr 236 Posts
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    Employees who are on WC are paid by the WC carrier. Why would you want to pay them vacation time on top of that? Isn't that double dipping?
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  • jimbomtjimbomt 46 Posts
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    That would have been my question cthr. I beleive you need to be off work for 3 or 4 days before workers' comp kicks again, and at that time I would discontinue the vacation and sick time though continue FMLA
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