Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

California sick and vacation pay for work comp California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • California sick and vacation pay for work comp California

    I have to go out on work comp leave. Can my employer require me to take sick and vacation pay during my leave? I want to save it for when I return. This is what my contract says:



    INTEGRATED SICK/INJURY PAY

    When an employee is entitled to receive disability insurance payments under the California Unemployment Insurance Code or the Company’s Workers’ Compensation Insurance, the amounts to which the employee is entitled will be deducted from the compensation for sick/injury pay computed in accordance with the preceding paragraph and the portion of the compensation for sick/injury pay that is paid by the Company will be applied against accumulated sick/injury pay hours.



    f) Use of Vacation and Paid Sick/Injury Benefits: If leave is sought because of a serious health condition of the employee, and pursuant to applicable regulation, the employee shall be required to utilize any available paid sick/injury benefits for such leave provided under this provision. Also, pursuant to applicable regulation and Section 7.02, any accrued vacation will be substituted until exhausted for any part of family care and medical leave provided under this provision.

  • #2
    (Integrated) Would that mean I only get the difference of what work comp pays me? They want to pay it all out by the week. I will be out 4 weeks and I have 2 weeks sick and 2 weeks vacation that they want to pay me.

    Why wouldn't work comp just pay me and the company let me keep this sick and vacation in the bank for my future use?

    thanks

    Comment


    • #3
      Can anyone help with this ?

      Comment


      • #4
        Originally posted by florensics View Post
        (Integrated) Would that mean I only get the difference of what work comp pays me? They want to pay it all out by the week. I will be out 4 weeks and I have 2 weeks sick and 2 weeks vacation that they want to pay me.

        Why wouldn't work comp just pay me and the company let me keep this sick and vacation in the bank for my future use?

        thanks
        It appears that you will get "full" pay, part coming from WC, and the other part from sick/vacation pay. If you don't want the sick/vacation pay, then just don't spend the money. If you are saying that you want to keep it banked for later use, they are not required to do that. Considering that you will be out "sick" on WC, they can require that you use sick time. Also, their policy requires that exhausted sick time is replaced with vacation time. No employer is required to allow you to bank vacation time for a later date.
        Please no private messages about your situation.

        Comment


        • #5
          First, a little patience would be a nice thing. Not everyone who looks at every post is not going to have an answer for you. Two hours or so is not really a long time to wait when you consider that all the responders are volunteers doing this on their own time.

          Second, workers comp is not going to pay you 100% of your regular wage whether you have vacation or sick time to apply or not.
          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.

          Comment


          • #6
            Work Comp and Sick Time

            I'm not sure how they do it in california, but in every state I have worked in worker's comp only pays a percentage of your regular pay, usually around 2/3 or 66.6%. The first few days are not paid until you have been out for a period of time (first 3 days completely unpaid - after 14 days out, those three days will be paid).

            Because we do not want our employees to suffer because of loss of pay, we allow them to use sick pay for those first three days, then we also pay them the other 1/3 of the pay workers comp doesn't pay in the form of sick pay. Otherwise, it would be a terrible hardship on many of our employees who live from paycheck to paycheck. So in a 4 week (160 hours) period, they would have to use 53 hours of sick or vacation to get their full pay.

            If you can afford to live without that much of your pay, you might ask to just be paid what worker's comp will pay, and save your sick and vacation for a rainy day. Otherwise, you should be happy your employer is concerned about your well being enough to help you out this way. There's no law that says they have to.

            Comment


            • #7
              Yes this is legal, though not all that common. It is a way to keep your paycheck "whole" while you are out for a work injury.
              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.

              Comment


              • #8
                2 surgeries pending

                In my case I received the vacation and sick time I had coming jusr like I was working and then when WC kicked in I got paid back pay from 3 rd day after injury. Of course this is in GA but that was my companies policy as well. Hope this helps.

                Comment


                • #9
                  I work in Southern California and I have a question regarding this as well. I was out on disability for a knee injury from the end of May (19) till the end of October (30) last year. I got paid a portion of my wages from disability, but was given no sick/ vacation pay while I was out - I took the loss of the first 3 days I was out. In my employee hand book it says nothing about vacation or sick pay for injured workers. In regards to vacation pay it states : You will be given 1 week vacation pay after the first year of employment, employees are eligible to use vacation benefits one year of employment for the period end last friday. You will be eligible for two (2) weeks vacation after your second year of employment. The only thing it says about disability and WC benefits is that all employees are covered upon date of hire. My question is this - Did my vacation and sick time acrrue while I was out on disability(since there is nothing in the employee handbook to state otherwise?) I have been an employee there since Jan of 2005, so am I entitled to the 2 weeks vacation as opposed to the one week vacation? I have looked online to find this answer and have been unsuccessful as of yet. Any help anyone can give me would be greatly appreciated. Thanks in advance.

                  Comment


                  • #10
                    You'll need to ask your employer. You're lucky that you're still employed there, actually.
                    Please no private messages about your situation.

                    Comment


                    • #11
                      Assuming you were also out on FMLA, you must continue to accrue benefits IF the policy is that employees on other types of leave accrue. If not, then you aren't entitled to the accrual. If FMLA does not apply, then it's whatever the company policy is.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        FMLA expired well before you returned to work and I'd be greatly surprised if your employer would count time you were not working toward seniority for benefits. It certainly isn't required by law.
                        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.

                        Comment


                        • #13
                          Originally posted by ElleMD View Post
                          FMLA expired well before you returned to work and I'd be greatly surprised if your employer would count time you were not working toward seniority for benefits. It certainly isn't required by law.
                          Thanks, Elle. I missed the part about how long he'd been out.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            You'll need to ask your employer. You're lucky that you're still employed there, actually.
                            I have done nothing that would justify termination (I was badly hurt on the job through NO fault of my own caring for sick patients), therfore I am still employed there.

                            Assuming you were also out on FMLA, you must continue to accrue benefits IF the policy is that employees on other types of leave accrue. If not, then you aren't entitled to the accrual. If FMLA does not apply, then it's whatever the company policy is.
                            If you are referring to my question - I was out on disability only, not family and medical leave act.

                            If the handbook is silent , I would have to say no you did not accrue those benefits while out on W.C. I could be wrong. Oh also its a good Idea to start your own thread,instead of piggy backing one that been dead for a while.
                            I thought the complete opposite. If the handbook is silent, there is nothing that specifies that and therefore I would think I was entitled to that. If I was not entitled to that, I would think it would be clearly stated in the employee handbook. My purpose in posting here was that someone would possibly know the law on that and could possibly refer me to something documented. Sorry for the inconvience in posting in this thread but I figured it would be stupid to post a new subject for this subject when all I could do is add to it and someone would reply instead of making a new thread for a question similar to one already asked. Sorry for your inconvience.
                            Last edited by littlevonny; 08-05-2007, 11:01 AM.

                            Comment


                            • #15
                              I would prefer you to start new threads instead of piggybacking onto someone else's. Thank you.

                              There is nothing in the law that says you must continue to accrue vacation or sick time while out on leave. It is up to the employer. Generally the handbook states what they WILL do, not what they WON'T do. If they do not state that they WILL continue to accrue it, it's a safe bet that they do not.
                              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.

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X