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  • Leave for hearing Maryland

    Do I have to give an employee paid leave to attend a workers comp hearing? when he is the employee contesting the denial of the claim?

  • #2
    I'm not in your State but I can't imagine that any State's WC statutes require this. You can check with your WC carrier to make certain but I'd require the employee to use vacation time. It's his personal choice to contest the denial of the claim with the State so he should use any paid time off benefit provided by the employer for the absence time.

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    • #3
      Thanks, I just don't want to be seen as retailiating against him by making him take his leave.

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      • #4
        Agree with Beth...you are not required to help an employee/IW in litigating a comp claim.
        No one is forcing this dispute, or claim resolution by hearing.
        No wages are due. It's up to you whether or not vacation/PTO time is used.

        The only time 'wages' are due, vs disability benefits, are when a depostion is set. As far as I know... that too could vary by state. But depos are held to develop the record, so it's in the ER/IC best interest. Not necessarily the IW, responses in depo are often used to discredit an employee.

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        • #5
          I am in MD and I can assure you that you need not provide paid leave for an employee to attend a WC hearing regardless of the issues or which party filed them. Same goes for medical treatment beyond the day of the injury, meetings with their lawyer, or other absences related to the 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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