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  1. #1
    Join Date
    Apr 2018
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    1

    Default Can You Be Required to Use Up PTO Before Getting Short-Term Disability Benefits

    My question involves labor and employment law for the state of: New York.
    I'm having surgery and will be out of work for 4 weeks. I was told by my employer that I must use all my pto ( 3 week ) before short term disability kicks in. This is their policy. I asked if I could take the three weeks with no pay and I was told no. Is this legal? We have 40 employees .

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Pto

    If your PTO is characterized as sick leave, they indeed can make you use that up before you going on disability.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Pto

    Yes, it is legal, and it is also quite common.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Pto

    Further, it's likely not at the discretion of the employer. His disability carrier may specifically require it (and be a fool not too).

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Pto

    Just for clarification of Ron's first (correct) post, PTO generally implies a combined bank of paid leave which is used for all types of paid time off; vacation, sick and personal. The answer *might* be different in an environment where sick, vacation and personal time are handled separately, although sick time could definitely be mandated.

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