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PTO utilization Workers Compensation California

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  • PTO utilization Workers Compensation California

    Our Employee Handbook only has the following statements as taken from various sections of our handbook that appear to be related to the use of PTO and WC.

    Paid Time Off

    Paid Time Off may be taken at any time during the year, subject to supervisory approval, and may only be taken up to –40 hours, not to exceed the annual maximum accrual.

    Unpaid Time Off

    With the exception of Military Leave, employees are required to use available PTO for absences and leaves. Once all available PTO has been exhausted (up to –40 hours), an employee may request unpaid time off.

    Leaves of Absence

    With the exception of Military Leave, or as otherwise required by law, employees must use available PTO prior to taking unpaid leave.

    Workers Compensation

    XXX reserves the right, when applicable, to designate workers compensation time off as FMLA leave.

    All Paid Time Off must be taken prior to taking unpaid FMLA.

    ****

    Please help....I think my employer has administered this policy incorrectly.

    Does this policy limit the use of PTO to 40 hours and wouldn't that same limit apply to Workers Compensation?

    Will Workers Compensation still pay a claim beyond the waiting period in which my employer continued to force me to use PTO while waiting for a determination of my claim which is currently in delay status?

    I have been forced to use almost all of my PTO well beyond this stated limit...and feel something is terribly wrong with the administration of this policy.

  • #2
    The interpretation of the policy is really up to the employer. I don't know of any wage and hour law that is going to force them to interpret it the way you do.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Also see http://www.laborlawtalk.com/showthread.php?t=208929
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