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Is it legal to be obligated to use my paid vacation/sick off for work related injury?
#1
State: Maryland.
While on the job, I had a car accident (not my fault) and injured my knees and was told to go see the worker comp doctor. He has had me on physical therapy and on going doctors visits. 
My employer told me I have to use up all my paid vacation and sick time for all my leave before worker comp. I had 8-day paid vacation time + paid sick time saved. I may need 3-week off per my physician. 
I've received the paperwork about FMLA and it has been processed. 
Is it legal to be obligated to use my paid vacation/sick off for work related injury?
Can I get my 8-day paid vacation/sick time back once the FMLA has been approved?


Please help!
Thanks in advance!
 
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#2
maybe.
many times leave usage is controlled by a collective bargaining agreement or union contract.
workers comp laws do not control how an employer applies its leave policies.
I would contact your local labor commissioner to get more information on your leave options.
i would think you could elect to be unpaid for your lost time prior to comp benefits being started.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(08-01-2015, 03:47 PM)This is most likely not legal.  In fact, in Maryland this could be quite detrimental to your claim as it could create a statute of limitation issue if you are not directly paid the insurance company.  Depending on your employer and their relationship with the insurance company, you may be entitled to reimbursement of your sick time in the amount of 2/3 equivalent.  Your post is quite old but I hope this helps. Wrote: State: Maryland.
While on the job, I had a car accident (not my fault) and injured my knees and was told to go see the worker comp doctor. He has had me on physical therapy and on going doctors visits. 
My employer told me I have to use up all my paid vacation and sick time for all my leave before worker comp. I had 8-day paid vacation time + paid sick time saved. I may need 3-week off per my physician. 
I've received the paperwork about FMLA and it has been processed. 
Is it legal to be obligated to use my paid vacation/sick off for work related injury?
Can I get my 8-day paid vacation/sick time back once the FMLA has been approved?


Please help!
Thanks in advance!
Good Luck!

Andrew M Rodabaugh
Attorney at Law
[email=Andrew.Rodabaugh@gmail.com]Andrew.Rodabaugh@gmail.com[/email]
[url=http://workinjurymaryland.com/]http://workinjurymaryland.com/[/url]
Information in this comment does not creation legal representation. 
 
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