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Denied Sick leave / Have doctor's note Maryland

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  • Denied Sick leave / Have doctor's note Maryland

    I am a school teacher in Md. I was injured on the job and suffered a head injury last February. I had no problems using my sick leave up to the summer. This school year I have been not allowed to use my leave because my doctors can not give a specific return date. I'm essentially left with no income. I can't request grants from the sick bank until I have used all of the leave that I have left. Is this Leagal or allowed. My doctors are not allowing me to return to work. I'm really lost and confused. . . PLEASE HELP

  • #2
    if you were injured on the job this should be considered a workers' compensation issue and may be handled differently by your employer than a normal illness would. Also, I assume as a teacher you are a union member.

    But it really comes down to if you are off because of a workers' compensation covered injury you should be getting a check from workers' compensation and not having to use sick leave time.

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    • #3
      Workers Compensation

      There is a workers comp claim pending. I'm just not sure why if I have supplied a doctors note why I can't use my sick leave. I'm not receiving anything right now. Am I not allowed to use the leave in the mean time.

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      • #4
        If the accident happened last February and you are off again or for the first time because of it you need to get in touch with the WC provider and let them know you are off so you can be paid.

        Most employers aren't going to allow someone to use PTO when, in the long run, they are going to pay for it again via WC insurance.

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        • #5
          I don't know what system you are with in MD but most use the same WC carrier. If the claim was filed last February, I am curious why, even if contested it hasn't been established as compensable or not by now. Have you filed a claim with the school system/WC carrier? With the Commission? Has there been a hearing?

          I have a lot of experience with school systems in MD and WC and not being allowed to use your sick leave has nothing to do with the lack of a return to work date, but can have a lot to do with a pending claim. Essentially, if you are claiming you are off work due to a WC injury, it would not fall under sick leave but rather TTD (temporary total disability). This is paid by the WC carrier.

          Sick leave bank won't cover either in the case of a WC claim.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            The is a hearing date scheduled for the wc next week. And I have recently applied for SSI. Thanks for the clarification

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            • #7
              If the first hearing is scheduled for next week, there is a lot you left out of the story. Even at the busiest times of year, the Commission sets hearings within 8 weeks of filing and if you aren't getting paid, it can be set for emergency hearing rather quickly.

              It isn't clear on what basis the claim has been denied, but a SSI application won't matter at this stage.

              There was just recently a case decided out of PG County PS that held sick leave could be substituted for TTD, but the guidance on it was pretty vague. It is *possible* we will start seeing the Commission offset sick leave with TTD more often going forward, though I have not heard Commissioner Aumann's take on this yet.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                Have you been out since last February? Is it possible that you are not considered an employee this current school year and that effects the issue?

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                • #9
                  Unless you specifically requested a LOA, or resigned/retired, it is unlikely you are no longer considered an employee. Did you file for LOA? You would have had to complete Form 46 (often referred to as the salmon form).
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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