prorating sick & vacation days for worker compensation claim

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Latest post 01-31-2010 10:33 AM by stevepsca. 1 replies.
  • 01-31-2010 9:01 AM

    prorating sick & vacation days for worker compensation claim

    is it legal for an employer to prorate an employees sick & vacation days when he is on workers compensation for a work related injury.

  • 01-31-2010 10:33 AM In reply to

    Re: prorating sick & vacation days for worker compensation c...

    Not enough information...

    What do you mean prorate?

    You do not accrue this time while you are out on a comp/injury leave.

    If you are eligible for FMLA, you should request that now. The ER is permitted to run FMLA concurrently with WC leave once you are notified, in writing of their intent to do this.

    ER/employer is permitted to allow you to use the vacation/PTP to recover wage loss during the waiting period before your TTD kicks in.

    Those days would be replaced once you receive the TTD benefits from the IC, you'd see an adjustment as the vacation/PTO would be a different rate than TTD. TTD is 2/3's of your AWW/average weekly wage, subject to a mim/max rate as established by law.

    I did not notice your state on your face plate... however it would be a good idea to provide that in your post. WC laws are state specific...and vary wildly by state.

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