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Utah - forced pto, sick time for first week - Printable Version

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Utah - forced pto, sick time for first week - Jennao10 - 05-10-2011

I injured my back on the job. I went to the ER immediately after work. I have approved WC coverage.
I got my paycheck for the week of the injury. My manager put me in for PTO and Sick time to cover the two remaining missed days of my schedule.
I asked HR about this yesterday. I was told that I had to take PTO or Sick leave for the first three days.
This is not what the WC IC told me. They said they would pay for the remaining days missed once I had been out 7 days from the injury date. I got a letter from them today stating exactly that and how much my first check would be.
My problem now is I got paid twice for the first week! I did not request PTO or Sick time. I dont feel that I should be forced to take it if I was injured on the job.
Im wondering if anyone can tell me what is supposed to happen and if they can force me to use PTO and Sick leave.



RE: Utah - forced pto, sick time for first week - Bummer Knees - 05-10-2011



In my state of Kansas one must be off work three weeks with a work comp injury in order to receive pay for the first week off work.
In injured worker in my state would likely use PTO time/vacation time for that first week.
You might try looking here for information:

http://www.workerscompensation.com/regulations/statehome.php?state=utah


RE: Utah - forced pto, sick time for first week - kate - 05-11-2011

In Utah, the waiting period is 3 days. You are paid for the first 3 days retroactively if you are out more than 14 days. ยง34A-2-408, U.C.A.


RE: Utah - forced pto, sick time for first week - Jennao10 - 05-11-2011

Thanks all for the replies!! I recieved a letter from WC .... I have gotten the pay retro. Now I am fighting the fact that they have taken 12 PTO hours and 11 Sick hours when Im not on personal leave or personal sick leave. I don't feel they have the right to use it especially without asking if I wanted to use it. So I got paid full pay from my job for the week and pay from WC for the week!!!
My boss just txt me that I need to file FMLA with HR because I am out of leave time. So he is still trying to pay me PTO. I don't think he gets it!


RE: Utah - forced pto, sick time for first week - jayne - 05-11-2011

oh he gets it FMLA just saves your job for 12 weeks you dont get any money for it...after that they can let you go....


RE: Utah - forced pto, sick time for first week - 1171 - 05-11-2011

(05-11-2011, 02:14 PM)Jennao10 Wrote: Thanks all for the replies!! I recieved a letter from WC .... I have gotten the pay retro. Now I am fighting the fact that they have taken 12 PTO hours and 11 Sick hours when Im not on personal leave or personal sick leave. I don't feel they have the right to use it especially without asking if I wanted to use it. So I got paid full pay from my job for the week and pay from WC for the week!!!
My boss just txt me that I need to file FMLA with HR because I am out of leave time. So he is still trying to pay me PTO. I don't think he gets it!

i suspect you'll have to repay 3 days of wages in order to get your pto restored--you can't have both.


RE: Utah - forced pto, sick time for first week - Jennao10 - 05-13-2011

They refuse to allow me to repay my sick time and pto. They are saying I have to fill in for hours missed. That really does not make sense since I got hurt on the job. However I did get them to stop charging me leave hours while im off. I just have to retro pay my benefits when i return.
They did not seem concerned that I got paid fully from my job and WC for the week. Maybe I just dont understand since i work 3 12 hr shifts per week. I worked sun. I got sick/pto for mon and tues. WC started Tues and paid me for the week.
Now they want me to go onto FMLA to protect my job. anyone heard of this before??


RE: Utah - forced pto, sick time for first week - 1171 - 05-13-2011

contact your local labor commissioner, leave and and wage issues are handled by them.




RE: Utah - forced pto, sick time for first week - Newbackie - 05-13-2011

Under federal regulations companies are required by law to inform employees of their rights to FMLA leave when they are sick and/or injured. FMLA is 12 weeks of protected leave where they cannot hire someone to replace you and your job is protected... you return to the same job, same shift, same pay, etc... as when you went out on leave. FMLA leave is unpaid leave. By putting you on FMLA they are not trying to pay you, they are fulfilling their legal obligation to you as your employer.

Your employer can put you out on FMLA leave with or without your cooperation, but if you like your job I would recommend cooperation... go in and read the paperwork and sign off on it. Be aware that whether you sign or not, your job is only protected for 12 weeks. If, after the 12 week time you are not back at work yet, your employer has the right to terminate your employment. Depending on your relationship with your employer, I would say that open and honest dialogue with your employer about the situation is your best option.

Good luck, hope all goes well with your back injury.