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Leave paperwork required for Worker's Comp time off California California

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  • Leave paperwork required for Worker's Comp time off California California

    An employee will be out for 4-6 weeks with a worker's comp injury surgery.. We are in CA. We work for a company with less than 50 employees.
    Do I need to complete any leave paperwork (denial of FMLA-CFRA leave) for this event? This will be a second surgery for a worker's comp injury
    that occurred in 2013. So at that time all the w/c ppwk was completed. I just want to make sure I give the employee all the necessary paperwork.
    Also I want to know if the benefits ( medical /dental ) insurance continue for 12 weeks with the employee's portion paid by them or the employer?
    Does their vacation time still accrue?
    Thank you!

  • #2
    Based on page 14 of http://www.dir.ca.gov/InjuredWorkerG...rGuidebook.pdf, it does seem that the employer is not required to continue benefits except under FMLA/CFRA. So if that doesn't apply, you would not have to do so.

    However, you should check with your WC insurance carrier/claims adjuster to see whether lost benefits count as lost wages. It might be more prudent (and end in a lower the total claim and loss ratio) to keep the employee on benefits if they do count as lost wages and if your other insurance carriers allow you to do so. Because generally losses sit on your history for 5-7 years when they are calculating your overall WC insurance rates.

    Vacation time would follow employer policy and generally non-worked time is not considered in most employer accruals.

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