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  1. #1
    Join Date
    Jan 2012
    Posts
    3

    Default Vacation Time and Workers Comp

    My question involves workers compensation law for the state of: Mo

    I was injured at work.
    My employer uses an insurance company.
    While on workers comp they also are going to run FMLA simultaneously.
    Acording to our handbook and HR, while I am off for FMLA they will be using my vacation time and paying me for my days off until all of my vacation time is spent.
    So while I am getting workers comp. payments I will also be receiving my vacation pay, and using up all of my vacation days.
    Is this right, or legal?
    Thank you for your time.

  2. #2
    Join Date
    Sep 2011
    Posts
    275

    Default Re: Vacation Time and Workers Comp

    it could be discriminatory if the policy does not apply equally to all FMLA leave situations.
    do they allow employees to repurchase their leave credits?
    one would also think sick leave would be included in the leave usage plan; seems strange to only draw down the vacation leave credits.

  3. #3
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Vacation Time and Workers Comp

    I am sorry, they are going to use all of my leave, we have personal days, no sick days.
    And they do the same thing for any other FMLA leave.
    I just find it strange that it appears I am being penalized for being hurt at work and forced into using up all of my leave time.
    If the same thing would happen, lets say in August, when I have used most of my leave, or if I had already used my leave, would it feasable for them to take next years leave in retrobution for this years missing time?
    I know this scenario is unrealistic, but should suffice for the point I am trying to establish.
    Or another employee has the same type injury, but has used his leave time, there would be no penalty of forced use of leave time enforced.
    It just doesnt seem right to me.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,889

    Default Re: Vacation Time and Workers Comp

    The employer has the statutory right to require that you use any available paid leave as part of your FMLA. You will have to ask the MO workers comp commission if that changes anything.

  5. #5
    Join Date
    Sep 2011
    Posts
    275

    Default Re: Vacation Time and Workers Comp

    Quote Quoting bobs72nova
    View Post
    I am sorry, they are going to use all of my leave, we have personal days, no sick days.
    And they do the same thing for any other FMLA leave.
    I just find it strange that it appears I am being penalized for being hurt at work and forced into using up all of my leave time.
    If the same thing would happen, lets say in August, when I have used most of my leave, or if I had already used my leave, would it feasable for them to take next years leave in retrobution for this years missing time?
    I know this scenario is unrealistic, but should suffice for the point I am trying to establish.
    Or another employee has the same type injury, but has used his leave time, there would be no penalty of forced use of leave time enforced.
    It just doesnt seem right to me.
    the law permitting the employer to draw down existing leave concurrent with FMLA attempts to avoid problems employers might have when an employee uses FMLA and accumulated leave consecutively. that situation could keep a necessary position unfilled for a prolonged period of time thus penalizing the employer from filling a needed/critical position.
    the law balances both the needs of employers and employees while offering job protection to the most vulnerable segment of the work force.

  6. #6
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Vacation Time and Workers Comp

    I dont like the answer, but I understand it.
    Thank you.

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