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  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Unhappy Can My Employer Force Me to Lose My Vacation Because I'm on Workers Comp

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

    I've been working for this company for over two years, making a high six figure income. I was injured in early April of this year, which is horrible, since I've had to have surgery and probably will have to have at least one more. I am on total partial disability and still cannot return to work. I now receive about 30% of my prior income and am faced with probably losing my home within the next few weeks, as I only have enough to basically pay the house payment plus the co-payment on the regular health insurance I have to now pick up from work.

    Each year, in January, executive level salaried employees receive 140 hours of vacation time at this company, which I had in my account and was planning to take as a vacation, or at least part of that, on Memorial Day, but I was injured and so could not go on vacation. I asked if I could receive payment for my vacation time in lieu of taking a vacation right after I was told I could not return to work, but my company said this was not their policy (although they don't have a WRITTEN policy that says this). My company has held fast that I can only receive California's maximum workers comp payment and nothing in addition to that from the company: no vacation pay, no short or long term disability, no sick pay, nothing else.

    Today I spoke with the company's benefits department, asking what will happen to my vacation time/pay at year's end if I was still unable to return to work because of my on-the-job injury. I was informed that they have a "use it or lose it" policy, and since they will not allow me to use it, I will lose it and no more vacation will accrue for me, even though I am still technically an employee with the company, and the accrual of vacation is based on years with the company and not hours worked.

    Can you please advise as to whether this is a legal policy according to the State of California?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can My Employer Force Me to Lose My Vacation Because I'm on Workers Comp

    Part of it is and part of it isn't.

    They have no legal obligation to allow you to cash out your vacation in lieu of taking vacation time, regardless of whether they have a written policy on it or not, with only one exception which I will address in a minute.

    However, use it or lose it policies are illegal in CA. They do not have to allow you to take it, but if they do not they will have to cash it out for you at the time you leave their employ.

  3. #3
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Can My Employer Force Me to Lose My Vacation Because I'm on Workers Comp

    Quote Quoting ShelB
    View Post
    My question involves workers compensation law for the state of: California

    I've been working for this company for over two years, making a high six figure income. I was injured in early April of this year, which is horrible, since I've had to have surgery and probably will have to have at least one more. I am on total partial disability and still cannot return to work. I now receive about 30% of my prior income and am faced with probably losing my home within the next few weeks, as I only have enough to basically pay the house payment plus the co-payment on the regular health insurance I have to now pick up from work.

    Each year, in January, executive level salaried employees receive 140 hours of vacation time at this company, which I had in my account and was planning to take as a vacation, or at least part of that, on Memorial Day, but I was injured and so could not go on vacation. I asked if I could receive payment for my vacation time in lieu of taking a vacation right after I was told I could not return to work, but my company said this was not their policy (although they don't have a WRITTEN policy that says this). My company has held fast that I can only receive California's maximum workers comp payment and nothing in addition to that from the company: no vacation pay, no short or long term disability, no sick pay, nothing else.

    Today I spoke with the company's benefits department, asking what will happen to my vacation time/pay at year's end if I was still unable to return to work because of my on-the-job injury. I was informed that they have a "use it or lose it" policy, and since they will not allow me to use it, I will lose it and no more vacation will accrue for me, even though I am still technically an employee with the company, and the accrual of vacation is based on years with the company and not hours worked.

    Can you please advise as to whether this is a legal policy according to the State of California?
    contact your local labor office to file a complaint.
    http://www.dir.ca.gov/dlse/DistrictOffices.htm

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