My question involves labor and employment law for the state of: Mo
I spent 8 weeks on FMLA recovering from hip surgery. My company has in place a short term disability insurance plan that pays 60% of my normal pay while on FMLA. The company forced payment of accrued Vacation and PTO even leaving me with a negative balance. The company handbook does say while on FMLA you must use all accrued Vacation and PTO. Employees do not have a choice the company forces payment. I thought there was a stipulation in the FMLA regulation that if the employee was on paid FMLA (paid through a short term disability) that neither the employer nor the employee could independently require the use of PTO and vacation pay but it could be done under mutual agreement. The problem with the company taking away all my PTO and Vacation is that a few days after returning to work I took pneumonia and had to be absent a day to see the Doctor. Because I had no PTO time an absence even with the Doctors statement cost me 3 attendance points. After you get to zero points your terminated.
My question is: Since I was receiving disability pay while on FMLA should I have been given the option as to whether or not to use my PTO and Vacation? Can the company force pay it off ?