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Retroactive surgery approval & PTO Illinois

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  • Retroactive surgery approval & PTO Illinois

    I had surgery back in September. The wc ins. company had given my lawyer and Dr approval for the procedure. Two days before I was scheduled for surgery my employers lawyer said the adjuster had no right to give approval without consulting him. I had the surgery anyway and we're (still) in the process of hashing it out with my employers atty. I used PTO to cover my week off. I was told if the surgery gets approved, I will get the 40 hrs. PTO back since the time will be charged to wc.

    I've since left my job for a better opportunity. It's my previous employer's policy to pay out all unused PTO on the last pay check. If the surgery and time off is approved, retroactively, shouldn't I get paid for the 40 hours PTO I used for the surgery even if it ends up being after I get my final check? I've tried to call the wc liasion at my previous employer but she wont return my calls. Any insight would be greatly appreciated!

  • #2
    That would be a matter between you and your employer.
    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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    • #3
      LOL That's what my lawyer says but the wc liasion will not return my calls. Policy is to pay any unused PTO on the last paycheck. If I were still an employee and wc covers me, I'd get the 40 hours back. I'm assuming, if I'm covered, I should get that 40 hours in a seperate check, not final pay since that's this Fri. But, what makes sense to me isn't usually how it works. I look at things from the "nice guys" point of view.
      Thanks anyway! Guess I'll just have to wait and see!

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