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Required to use Vacation for TTD - Printable Version

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Required to use Vacation for TTD - feral - 02-27-2013

State: California

My employer has been paying me my full wages (his choice not mine) for the last 4 months because he does not want his WC experience rating to go up which would remove him from some special programs requiring low EMR.

Now he is requiring me to use my accrued vacation pay even after I told him I would accept the lower WC payments. He insits that he has the right to tell me when to use vacation. I tell him I am not on vacation but recovering from a work related injury. My accrued vacation, earned before the injury, would be about 9K to me if I were laid off, money I would need. Is he able to require me to use accrued vacation for WC TTD in California????


RE: Required to use Vacation for TTD - Manley2 - 02-27-2013

Sorry I don't know the laws in CA but I don't think he can require you to use any of your vacation time. The one problem I do see is if he is going to change things up now not sure of the trouble this is going to cause. When you have been seeing any doctors have to told them this is a work related problem? Do you have any proof you reported this per the state rules on time? Somebody will be able to help answer some questions on the laws out there because I know they are different from state to state and it seems like CA has some of the more strange ones


RE: Required to use Vacation for TTD - feral - 02-27-2013

(02-27-2013, 05:23 PM)Manley2 Wrote: Sorry I don't know the laws in CA but I don't think he can require you to use any of your vacation time. The one problem I do see is if he is going to change things up now not sure of the trouble this is going to cause. When you have been seeing any doctors have to told them this is a work related problem? Do you have any proof you reported this per the state rules on time? Somebody will be able to help answer some questions on the laws out there because I know they are different from state to state and it seems like CA has some of the more strange ones

No issue with everyone knowing this a WC injury. Multiple surgery's paid for by the IC. It's just the weekly WC payment he is avoiding to reduce costs and keep his rating low. I have benifited from the full pay for this time but think my vacation pay is mine and may be needed if I am laid off.


RE: Required to use Vacation for TTD - jayne - 02-27-2013

1171 will be around soon to tell you what is what in Ca.1171 is the Expert for Ca.


RE: Required to use Vacation for TTD - 1171 - 02-27-2013

since you don't really have a workers comp claim technically you are not entitled to any payments for your time away from the job.
TTD and disability are only available to those that have filed claims.
you can't really do anything legally about what you and your employer are doing unless you are willing to report what is going on.



RE: Required to use Vacation for TTD - feral - 02-27-2013

(02-27-2013, 07:26 PM)1171 Wrote: since you don't really have a workers comp claim technically you are not entitled to any payments for your time away from the job.
TTD and disability are only available to those that have filed claims.
you can't really do anything legally about what you and your employer are doing unless you are willing to report what is going on.

Once again to clairify; Calim form was filed. I received 1 full week and a partial week WC payment from IC before employeer steped in and decided to continue my salary. I believe vacation pay is just that, my money and not to be used to offset his requirement to provide WC payments.


RE: Required to use Vacation for TTD - Manley2 - 02-27-2013

I don't know enough about the laws on that one. Still don't think he can just take your vacation but not sure how this will work out. Can understand he is paying you so it doesn't come out of the insurance funds but still not sure how that works. It's still a lost time injury if it has been turned in and that is why you are off.


RE: Required to use Vacation for TTD - 1171 - 02-28-2013

regardless of your partial claim you still know that you are complicit in the employers comp fraud...?
http://www.dir.ca.gov/dwc/FraudWarningNotices/FraudWarningNotices2012.pdf

even though you have part of a claim I believe you have little legal recourse as long as you and the employer continue this "under-the-table" dodge concerning disability.

disputes regarding use of vacation time come under the labor commissioner office.
http://www.dir.ca.gov/dlse/DistrictOffices.htm

unless you are willing to report the full period of your work disability and accept the legal benefits proscribed, I'm not sure how you would go about getting their help with your situation.

I don't think you can expect to get legal help and also think they'll allow the illegal situation to continue.

you should report the fraud and save other workers from a similar or worse experience with this employer.
employer's rarely cheat is just one phase of their buisness.
if they are cheating with this situation, it's likely they are cheating in many others as well.....





RE: Required to use Vacation for TTD - hamrs_62 - 02-28-2013

wheres the fraud, the comp insurer is not out anything, actually they are not out as much, where does it say the employer can not pay the employee while he is off, he still had a comp claim filed

(02-28-2013, 12:01 AM)1171 Wrote: regardless of your partial claim you still know that you are complicit in the employers comp fraud...?
http://www.dir.ca.gov/dwc/FraudWarningNotices/FraudWarningNotices2012.pdf

even though you have part of a claim I believe you have little legal recourse as long as you and the employer continue this "under-the-table" dodge concerning disability.

disputes regarding use of vacation time come under the labor commissioner office.
http://www.dir.ca.gov/dlse/DistrictOffices.htm

unless you are willing to report the full period of your work disability and accept the legal benefits proscribed, I'm not sure how you would go about getting their help with your situation.

I don't think you can expect to get legal help and also think they'll allow the illegal situation to continue.

you should report the fraud and save other workers from a similar or worse experience with this employer.
employer's rarely cheat is just one phase of their buisness.
if they are cheating with this situation, it's likely they are cheating in many others as well.....




RE: Required to use Vacation for TTD - 1171 - 02-28-2013

premium fraud occurs when the employer misrepresents the severity of the injury in order to affect insurance premiums.

if the employer had a full salary agreement with their employees, they are required to notify their comp carrier and report the full disability period of all injuries.

if that is being done then contacting the insurance commissioners office for help with the vacation issue would not be problem.