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My employer refuses to pay my 2010 vacation
#1
Hi,
My name is Oliver and I am new here.
I have one question if you can help me will be great.

State: California
Employer's HQ: Huston, TX but I am based / work and leave at CA

I am recovering now after shoulder surgery and receiving my worker's
compensation benefits / checks without any problem. The problem I
have unfortunately is with my employer.
Yesterday CEO + account dep sent me an email advising the following:
"We have checked with our labor lawyer and he says we are not obligated to 'top up' your salary over and above what Liberty Mutual are paying you. When you return to work you can take your remaining vacation days as you wish".
Above is a reply to my request to the employer to pay me my earned / unused vacation for 2010 ( 22 days). Three days ago the CEO personally
promised to pay all 22 days and suddenly y/day he refused.
Is this legal? Are there legal requirement in California for employer to pay my unused vacation while I am paid only Workcom benefits?
My Corporation does have an established paid vacation policy and there is clause in my contract as well. But why they are refusing suddenly now since anyway I can't use my 22 days due to my medical conditions. Also " we have checked with our labor lawyer" is blah ... blah..blah
CEO's secretary (she is my friend) told me he didn't
I am sorry it supposed to be a short question but I am so mad.
Many thanks
Oliver
 
Reply
#2
workers compensation doesn't control an employer's leave policy.
generally the employer has the option as to when to grant vacation time.
this would be an issue for your local labor commissioner
http://www.dir.ca.gov/DLSE/dlse.html
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.
 
Reply
#3
1171 Wrote:workers compensation doesn't control an employer's leave policy.
generally the employer has the option as to when to grant vacation time.
this would be an issue for your local labor commissioner
http://www.dir.ca.gov/DLSE/dlse.html

Thanks a lot for your swift reply.

I am not requesting any action from my WorkComp insurance company.

Also I am well aware of employer's option when to grant a vacation time but my injury was on Nov. 15th. and surgery was on the same day(I was airlifted from the ship offshore to the hospital) and obviously I am not able to use my 22 days remaining vacation till the end of 2010. I'll be in recovery for a 4 months.

Apparently my case is labor law / commissioner issue case - tnx

I apologize for not realizing above earlier.

I was just wondering whether somebody here has a similar case or experience

Thanks a lot Oliver Heinze
 
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