accruing time on leave??

T · April 2005

Is it required by workers comp or fmla or any legal leave of absence that an employee's time accrues while they are away from work.

My handbook says "while on any leave your time will not accrue if leave is in excess of 30 days".

I'm thinking I can't do that if it is a workers comp leave????

Thanks.

lnelson · April 2005

If it is leave due to W/C or FMLA you would still accrue time but if it is not covered by W/C or FMLA you do not have to accrue time as it states in your policy. I would revise the policy to omit FMLA & W/C types of LOA.

deniseE · April 2005

maybe this varies from state to state....you might want to check with your dept. of labor...our policy provides that only those on paid leave continue to accrue leave...and then we prohibit the use of leave accrued while on leave to extend the same leave.

Don D · April 2005

'T': Generally, neither your state comp laws nor FMLA require you to grant special policy exceptions to employees on comp or FMLA. If your policy is legal in your state, you should apply it equally, across the board, to all employees, and should grant no exceptions for those on comp or FMLA. The only exception I can think of is the fact that we cannot count FMLA absences against the employee in such things as perfect attendance programs. That's insane, but that's the federal law.

marc · April 2005

We only allow accruals if the EE is getting paid. So while they are out, using vacation or sick leave or personal days, they are getting paid. When those leave banks are exhausted, no more accruals.

T · April 2005

That is what I would like to do. But what about Worker's Comp? Does that count as paid leave?

Thanks for everyone's replies.

pork1 · April 2005

T: We keep everything the same for W/C cases, our policy also tells the participant that a "leave is a leave" and the computer, until changed, will calculate all time as accurring toward an awarded leave.

PORK

accruing time on leave??

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