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workers comp vacation laws Mississippi

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  • workers comp vacation laws Mississippi

    My husband got hurt on 08-15-05 he recived his vacation on 10-15-05 of last year well it is coming up againe will they have to pay him his vacation pay and they paid him 2 times for holliday pay but no more after that will they have to pay him back payment on that. the same employers have been paying his friend holliday pay but not my husband what is the law on that

  • #2
    Please use proper sentence structure. It is very hard to follow your post without them.

    What vacation? What does the injury in August have to do with vacation?
    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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    • #3
      If the question is, do they have to pay out his accrued vacation for the year because he was on W/C and not able to take his vacation time, the answer is no, they do not need to do so.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Mississippi has no laws regarding the payout of vacation, regardless of whether or not there is a w/c claim. In fact, Mississippi has next to no wage and hour laws at all.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by Pattymd View Post
          If the question is, do they have to pay out his accrued vacation for the year because he was on W/C and not able to take his vacation time, the answer is no, they do not need to do so.
          what I am saying is they already paid him vacation while he was on w/c last year will they have to pay him this year to. And they also have been paying his friend holliday pay will they have to pay my husband holliday pay thay work at the same place I no his lawyer says that they are not paying him the right pay

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          • #6
            Originally posted by cstauter View Post
            what I am saying is they already paid him vacation while he was on w/c last year will they have to pay him this year to. And they also have been paying his friend holliday pay will they have to pay my husband holliday pay thay work at the same place I no his lawyer says that they are not paying him the right pay
            Your husband has been on worker's comp from 8/15/05 and has yet to return to work? Is that what you are saying?

            ElleMD is by far the expert on WC. My understanding is that while on WC the insurance company pays the injured worker, not the employer. By paying out vacation and holiday pay, the employer could be impacting the WC payments that your husband has/is receiving.

            I know this doesn't answer your question on IF the employer will do the same as they did last year. Ultimately that decision is the employers. It will really depend on company policy as no Federal or Mississippi law addresses this issue. What does company policy say on this matter?

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            • #7
              If the company pays him, then yes,it would impact what he receives from WC. Why would they have paid him vacation? Did they cover the time bevfore WC kicked in? Did they cash out what was accrued but unused? Did your husband even earn vacation this year being out the whole year? Many times if the person isn't actively working, they are not accruing leave either. This is a matter of company policy not law.

              Holidays are the same way. Was the friend out the whole year on WC as well? Were they in the same or similiar positions? Holiday pay would also impact what is received from WC. Whether it is paid out is up to the company. It would be unusual for someone out on an extended leave like this to be paid for holidays.
              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
                Short answer; no, they are not required to pay him vacation or holiday pay.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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