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Sick Time and Workers Compensation California

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  • Levelheaded
    started a topic Sick Time and Workers Compensation California

    Sick Time and Workers Compensation California

    Are workers with a work related injury required to take their sick and vacation time when they are TTD? Is their pay supposed to come from toe work comp carrier. For example...worker had shoulder surgery. Was not allowed to drive for four weeks. Human Resources instructed payroll to pay him out all of his personal sick time before allowing the work comp carrier to pay.

  • CAIW
    replied
    Any employee on leave (WC, CFRA, FMLA) can have their sick/vacation time paid out while on leave. Good business practice, since they are sick. Any TTD payment or state disability payments wil be adjusted though to pay out the corect amounts.
    I think it would be the rare case where TTD and SDI would be paid for the same dates of time/wage loss. The SDI rate is traditionally higher than TTD. TTD is subject to 2/3 of the AWW/Average Weekly Wage at time of injury. And, is capped by statute with min/max rates in effect at DOI.
    6. Can an employee on WC leave be required to use vacation or sick leave?
    The FMLA allows employers to require employees, or employees to elect, to substitute accrued vacation, sick, or other paid leave for all or part of the 12 weeks of unpaid leave. Employees on WC leave typically receive up to two-thirds of their normal pay as a wage benefit under state law. In recognition of this benefit, the FMLA regulations do not allow the use of paid leave if the employee is receiving workers’ compensation, even to make the employee "whole" or if requested by the employee. However, the employer may designate the leave as FMLA leave and count it against the employee’s 12-week FMLA entitlement.http://www.ppspublishers.com/articles/fmla.
    In fact, most Work Comp policies will require it before TTD kicks in.
    There may be wage continuation policies of the ER in effect, or CBA's... union contract that provide for thisTTD is ''disability benefits'' however, vs accrued wages or vacation time/PTO, or sick leave as ER paid benefits. There may be considerations in the policy, ie as a deductible, where the ER pays out sick time/PTO... not sure how an EE would be held to use of their own accrued dollars to pay for time loss due to no fault injury... ER is liable for those benefits. If they are paying for coverage where an IC is responsible for wage replacement due to injury... TTD. Those premiums are going down the drain.

    Here is a portion of Calif labor code regarding ''Disability Payments".... and salary continuation plan...
    (g) For purposes of this section, "salary continuation plan" means
    a plan that meets both of the following requirements:
    (1) The plan is paid for by the employer pursuant to statute,
    collective bargaining agreement, memorandum of understanding, or
    established employer policy.
    (2) The plan provides the employee on his or her regular payday
    with salary not less than the employee is entitled to receive
    pursuant to statute, collective bargaining agreement, memorandum of
    understanding, or established employer policy and not less than the
    employee would otherwise receive in indemnity payments. http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664
    Are workers with a work related injury required to take their sick and vacation time when they are TTD? Is their pay supposed to come from toe work comp carrier.
    Wages paid by ER, TTD/disability by IC or self insured ER. (for the IW, this doesn't matter, just a different account for the self insured ER)

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  • angel_28
    replied
    Any employee on leave (WC, CFRA, FMLA) can have their sick/vacation time paid out while on leave. Good business practice, since they are sick. Any TTD payment or state disability payments wil be adjusted though to pay out the corect amounts.

    Example: I was on leave for 6 months several years ago for a personal injury. When I returned to work, I still had my full vacation balance and took my approved vacation time. It was nice to get a paid vacation right after my disability leave, but my employer legallyu could have made me use the alloted vacation hours.
    The key is that vacation is vested and can not be lost, in this cenario you put, the vacation time is being paid.

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  • Pattymd
    replied
    I know of no law that would prohibit it and my research didn't find one either. In fact, most Work Comp policies will require it before TTD kicks in.

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