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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Accruing Vacation Time While Out on Workers Comp

    My question involves workers compensation law for the state of: New Hampshire

    We have an employee out on workers comp and are wondering if they can accrue vacation time/sick time while still out being paid by workers comp. Can the company legally stop this while this person is out. Our manual covers no accrues while out on unpaid sick leave but we are not sure about this. Someone had mentioned that this is like double dipping?


    thank you

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    13,462

    Default Re: Accruing Vacation Time While Out on Workers Comp

    It depends on company policy and practice. Generally, a non union company gives partial credit for each week worked. If the employee is on comp, they are not working and therefore would generally not meet the qualifications. In a company subject to a collective bargaining agreement, vacations and sick days are governed by the agreement and are generally vested under varying conditions. The law does not mandate employees be given paid sick days or vacation days. If your company has not dealt with this before, you are free to establish practice.
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  3. #3
    Join Date
    Sep 2011
    Posts
    278

    Default Re: Accruing Vacation Time While Out on Workers Comp

    vacation accrual is not controlled by the state work comp laws.
    workers comp does however, prohibit discrimination and retaliation activities for filing a comp claim.
    an employer's leave policies should not have adverse provisions that apply exclusively to those with work comp claims.

    the leave policy should be handled similarly to any employee out on leave.

    you can contact your local department of labor office for specific requirements of various leave situations:
    http://www.labor.state.nh.us/default.asp

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