This question came to me recently (this week) and I was wrong (it can happen). Below is the correct answer from the Department of Labor:
If I am an employer, may I use the paid sick leave mandated under the EPSLA to satisfy paid leave entitlements that an employee may have under my paid leave policy?
No, unless your employee agrees. Paid sick leave under the EPSLA is in addition to your employee’s (including Federal Employees’) other leave entitlements. You may not require your employee to use provided or accrued paid vacation, personal, medical, or sick leave before the paid sick leave. You also may not require your employee to use such existing leave concurrently with the paid sick leave under the EPSLA. But if you and your employee agree, your employee may use preexisting leave entitlements to supplement the amount he or she receives from paid sick leave, up to the employee’s normal earnings. Note, however, that you are not entitled to a tax credit for any paid sick leave that is not required to be paid or exceeds the limits set forth under the EPSLA. You are free to amend your own policies to the extent consistent with applicable law.
You learn something new every day in the COVID world. HR Partners will keep you up-to-date on what you need to know. Questions? Concerns? Call HR Partners at 785-233-7860.
Kevin Holland
Vice President
Cook, Flatt & Strobel Engineers
"We started working with HR Partners when we had staffing changes in our Accounting and Human Resources department. HR Partners has been there to assist us in that transition and has become a resource that we plan to continue to utilize.
Everyone in their office is professional, courteous, knowledgeable, and always very prompt. HR Partners has been able to provide advice and guidance on numerous HR topics and provided a mandatory Workplace Etiquette for our employees. They have also updated our personnel manual in order to provide clear and consistent polices for our employees. HR Partners would be an asset for any company looking for assistance with any human resources needs."