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Worker's Compensation Information about worker's compensation claims process and worker's comp benefits.

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Old 01-09-2009, 12:37 AM
MauiMan MauiMan is offline
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Default California Workers Comp Holiday Pay
My question involves workers compensation law for the state of: California

I am a police officer that was injured at work. My employer reassigned me to an administrative desk job and schedule. I then had a surgery to repair the injury and I was off work for the month of December.

On holidays, officers normally work and receive an additional 8 hours "holiday compensation" in addition to the normal 40 hours pay for that week.

My question is that my employer says that since I am at home on the holidays (due to the surgery) and they put me on an administrative schedule, I do not get the additional holiday pay/time. They said it was used on the holiday. Doesn't workers compensation pay for the 40 hour week that I am disabled and at home? Therefore the additional holiday pay/time earned during that week is a normally earned benefit above the normal 40 hours work week and should not be taken/used by the employer?

I appreciate any input anyone can provide. Thanks for your time!
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Old 01-11-2009, 11:42 AM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: California Workers Comp Holiday Pay
Your worker's compensation wage loss benefits are based upon your income. If the "holiday pay" increases your income, you would use your records of past income to claim benefits that may be above what would result from your base salary. (The same is true of overtime.)
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Old 01-13-2009, 09:27 PM
MauiMan MauiMan is offline
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Default Re: California Workers Comp Holiday Pay
Thanks for the info. I'll follow up with what you posted!
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