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Vacation/Sick Time Accrual During Workman's Comp Leave - Printable Version

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Vacation/Sick Time Accrual During Workman's Comp Leave - msyentah188 - 04-05-2014

I've been out of work for 10 weeks from a work-related fall. I broke my ankle and needed surgery. I'm totally covered by WComp. My question is, do I continue to accrue vacation and sick time during my recovery as though I were still on the job? I asked my employer about this (small company with 4 employees), and she said we will discuss it when I return to work, which I took to mean she has no idea.




RE: Vacation/Sick Time Accrual During Workman's Comp Leave - 1171 - 04-05-2014

it's probably up to the employer. I don't know of any state's work comp laws that require it.
often employees on unpaid leave do not accrue benefits.
you can contact your state's labor commissioner and see if your state requires an exception for workers compensation cases.
it may depend on how long your are on unpaid leave. any time less then 12 weeks is covered by FMLA rules
"Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms."
http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf