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.
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Brent Boles
Co-Owner
Schendel Lawn and Landscape
"Schendel works with HR Partners in several different capacities over a five state area. They answer our questions about employment law, help train our management staff to be better leaders, and ensure our employee policies and procedures are legally sound and in the best interests of both Schendel and our co-workers.
I've always found the HR Partners teamf to be very knowledgeable, friendly and easy to work with. The relationship we have formed with them helps protect both our company and our co-workers, and I feel it is very beneficial to Schendel."