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California sick and vacation pay for work comp California

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  • #16
    Originally posted by littlevonny View Post
    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.



    If you are referring to my question - I was out on disability only, not family and medical leave act.



    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.
    1. It is all one and the same. Even assuming you and your employer qualify for FMLA, the longest they have to hold your job is 12 weeks. After that point, they can terminate you. Those 12 weeks are the only guaranteed job protection you are afforded. They held it much longer than that.

    2. If the law or handbook doesn't spell it out, then it is up to the employer entirely. You aren't going to find a law that states that they may do something, as not every possible employment decision could be codified. What you will find is an absence of a law that says you can not do something. If not law says you can not, you can.
    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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    • #17
      If you were badly hurt on the job, why weren't you getting any WC pay?

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      • #18
        It sounds like the employer uses PTO to supplement the 2/3 received from WC.
        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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        • #19
          Originally posted by ElleMD View Post
          It sounds like the employer uses PTO to supplement the 2/3 received from WC.
          Ah, I see. Thanks Elle.

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