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Illinois Worker coming back after 13 months on W/C-Vacation??
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Illinois Worker coming back after 13 months on W/C-Vacation??
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have a worker coming back after being off for 13 months on Workers comp. He is being released while we are on vacation. We are a Small business-Sole Proprietor. Do we have to pay him vacation when
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Illinois Worker coming back after 13 months on W/C-Vacation??

posted at 6/23/2010 3:46 PM EDT
Posts: 7
First: 7/1/2009
Last: 6/23/2010
We have a worker coming back after being off for 13 months on Workers comp. He is being released while we are on vacation. We are a Small business-Sole Proprietor. Do we have to pay him vacation when he comes back? He is returning the day we get back off vacation. Our policy is to work a year to earn 1 week paid vacation. He hasn't been here for over a year. He had no plans on coming back..told everyone he would never be able to work again but the doctor is forcing him by releasing him. Really think we are going to have problems with him trying to get hurt again. Also do we have to bring him back to the same posistion & pay as when he left? We only have 3 employees & his position was filled with a better more qualified person, no way we could have survived for a year without the 3rd person, so we had no choice & we don't want to get rid of his replacement he's too good. We are a Semi truck repair shop, & employees are mechanics.
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Illinois Worker coming back after 13 months on W/C-Vacation??

posted at 6/24/2010 4:35 AM EDT
Posts: 562
First: 11/12/2009
Last: 9/14/2011
You might want to check with the Illinois Worker's Comp Commission (or whatever they call it there). State laws do vary.

You are typically required to return the employee to his or her previous position following a WC injury. Whether or not you can terminate following return to work is another matter - you should consult with an attorney before doing anything.
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Forums » Topic Forums » Legal Forum » Illinois Worker coming back after 13 months on W/C-Vacation??

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