STD & Vacation

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Hi all,
Hope everyone is keeping warm! Have a question which I hope you can help with. I have an employee who was out on STD for close to 6 months and is asking about his vacation. I was under the impression that if a person is out and covered by FMLA the time out is still calculated when figuring out the accrued time for vacation. And when a person is no longer covered under FMLA but still out on STD that time does not have to be figured for accrued vacation time. Is this correct? We calculate vacation by hours worked if that makes a difference.

Thanks for your help.
You have to follow your policy. FMLA only requires that you treat th eemployee as any other employee in a similar, non-FMLA situation. §825.209 (h) "An employee's entitlement to benefits other than group health benefits during a period of FMLA leave (e.g., holiday pay) is to be determined by the employer's established policy for providing such benefits when the employee is on other forms of leave (paid or unpaid, as appropriate)."

What you choose to do with non-FMLA time is not the DOL's concern. Your state mirrors federal on this.
Agree. Re calculating accrued vacation -- You have to treat an employee on FMLA leave or expired FMLA leave but still off work as you would treat any other employee in a non-FMLA similar situation (ie on non-FMLA leave). Whatever your policy is re accrued vacation.
One point of issue, if the employee is not on FMLA, it is entirely up to the employer how they wish to handle it. It need not be the same as they do for anyone else. There is no law which governs generic, non-FMLA leaves.
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