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Sick/Vac leave usage during workers comp injury
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Sick/Vac leave usage during workers comp injury
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Can we use or required ee to use/exhaust sick and or vacation leave when they are off work or on reduced work hours due to a workers comp injury or at least for the 3 days waiting period before lost w
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Forums » Topic Forums » General Forum » Sick/Vac leave usage during workers comp injury
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Sick/Vac leave usage during workers comp injury
posted at 12/27/2010 6:21 AM EST
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Posts: 14
First: 6/8/2010 Last: 4/28/2011 |
Can we use or required ee to use/exhaust sick and or vacation leave when they are off work or on reduced work hours due to a workers comp injury or at least for the 3 days waiting period before lost wages/TTD kicks in? Does the lost wage benefit cover all the wages that they have lost during that period of time or just the 2/3? |
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Sick/Vac leave usage during workers comp injury
posted at 12/27/2010 7:41 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Lots of potential issues here and some if not all that are covered by your state's WC laws.
I would recommend that you contact your WC carrier for answers to your questions. WC advice is something your premiums are paying for. Also check your state's Department of Labor website. |
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Sick/Vac leave usage during workers comp injury
posted at 12/27/2010 3:20 PM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agree that you need to go with the WC broker/agent to see what state law is.
That said, I think California has a law that you can not force employees to use paid time off for times that are protected under FMLA (and often WC injuries are) or other laws. So you might have some overlap of laws here to think about! If your WC broker doesn't know, this would be one case where I would pay the attorney to give you a legal opinion to make sure. |
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Sick/Vac leave usage during workers comp injury
posted at 12/28/2010 4:34 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
California is indeed one of those states which does not allow the employer to require an employee to take accrued vacation time. Unless its changed within the past few years, WC coverage wages are 66% of what the employee was normally paid. |
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Sick/Vac leave usage during workers comp injury
posted at 12/28/2010 4:39 AM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
"If your WC broker doesn't know, this would be one case where I would pay the attorney to give you a legal opinion to make sure."
And then I would find a new WC broker because if they can't help you with this then they are not worth what ever you are paying them. |
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Sick/Vac leave usage during workers comp injury
posted at 12/28/2010 10:48 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
HRPro, I would think the WC broker would know but I am not sure that they would know about wage laws outside of WC wages though. Not sure I would expect them to know whether it was allowed or not based on laws other than WC.
But I do think if you pay them anything you MUST report it to WC and it is possible that would lower the amount that WC paid out. |
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Sick/Vac leave usage during workers comp injury
posted at 12/28/2010 11:13 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I think the WC carrier would know about payments the employer has to make to the employee. I don't recollect for sure, but I believe that Cali has an elimination period prior to WC payments kicking in during which time the employer is required to pay wages to the employee. The WC carrier would certainly know about something like that. |
Forums » Topic Forums » General Forum » Sick/Vac leave usage during workers comp injury
