Opinion needed on if employer can require employee to use all unused PTO before paid thru short term disability. EX: Employee having surgery. Employee has 10 days of PTO unused for 2014, must use all 10 days before paid STD benefits.

If employee has already used all PTO days for the year then can receive immediate STD benefits day one. PTO days given are defined to be used for vacation, sick, and personal time off.

In Ohio.

I would think that this should be an issue that would be already addressed in your employee handbook.

Sorry, beyond that I am no help, just trying to be a giver!

our policy allows an employee to choose to use vacation when on leave to receive pay...short term disability is not paid until a set amount of time "without pay" is achieved...so, the clock starts ticking when not getting paid. the number of days does not matter, so if i go without vacation clock styarts now, if i opt to take 2 weeks vacation clock starts on end of that 2 weeks.

You would need to check and see if the leave falls under FMLA and also your state code, both which may have additional requirements.

former employer required use of all but 5 days leave before claiming, so they would allow you some vacation days when you came back.