Can I require employee who told me 4 weeks off for surgery now to use vacation for the extra leave?

1) Can I require an employee to use vacation time if their requested time off after surgery exceeds their original timeline?
2) We are a small business with less than 25 FTE
3) The employee has a very sedentary position with no lifting or standing required
4) This time line runs over a holiday period and creates a hardship on our small business.

1 answer  |  asked Oct 26, 2016 11:47 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Good questions. The answers is, it mainly depends on you leave of absence and paid time off policies or, if you do not have such policies, on what you have done in the past.

Do you have written policies covering paid and unpaid time off? If not, I recommend that you consider putting such policies in place. We can help you with that.

A typical leave of absence policy will permit a leave of absence under certain conditions, and also require employees to use available paid time off when they take such leave. As long as you have a policy and follow it uniformly, you are in good shape.

If you do not have a policy, then I suggest that you give us a call at 216.382.2500, to review your past practice, the options available to you now and how your decision about this situation could affect what you do in the future. This will also be a good opportunity to review other policies and procedures that are being affected by changing laws, like the new overtime rules for white collar, salaried overtime exemptions.

posted by Neil Klingshirn  |  Oct 26, 2016 1:10 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Contact Neil Klingshirn

Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500