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Forced to give up PTO
I have been out for 4 weeks on W/C following surgery on both elbows for Cubital Tunnel Syndrome. I will be out for 3 more weeks to fully recover.

When I return to work, I will have about 14 hours of unused PTO time left in my bank. My Manager has informed me that they will not authorize any time off for me, due to me being out for so long, and I will lose what is left of my PTO time. I can't "call in sick" because I cannot afford the point I will get for doing so, let alone the silent treatment that will go along with it.

My company does not allow for "rollover" of PTO to the next year, even in this case (I have already asked).

It's not like I want to take the time off in terms of full days, I thought about burning it up by leaving an hour or two early here and there. But they claim that since they have had to deny time off to others because of my absence and the fact that they are short handed due to three others leaving our department, my manager has decided that I will have to lose 14 hours of paid time.

This amounts to about $200.00 in benefits I will lose as a result of my injury. Not a whole lot to most people, but after losing 33% of my income for 7 weeks, it means alot to me.
Is this legal for them to do and is there any way the IC would be responsible for compensating me for my lost time?

Thanks in advance for any replies.
This is a personnel issue and has nothing to do with WC. Unless you have a Union Contract that states otherwise, the decision is up to your company management.

I would think in your situtation where you aren't working and can't use your PTO, arrangements would be made to pay it out or carry it over. It sounds like it would put your dept. in a bind if you took your PTO before the end of the year, or at least that's the reason your manager is using.

You might try putting your request in writing and address it to HR, with a copy to your manager, and see what happens.

Good luck!
Let Go, and Let God......
Most states have provisions against discrimination and/or retaliation for having a work comp claim. It's possible you can file a complaint under these provisions.
work comp benefits only provide for disability and does not include any kind of reimbursement for other losses due to the injury or employer leave policies.
i would take it up with your union.
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.
chrischris & 1171,
thanks for the replies.

I figured as much, but didn't want to assume they were within their rights, so it didn't hurt to ask.
Didn't think that W/C would be liable, but again, I didn't want to assume.

My manager said HR told her that it was up to her and she has made her decision and it's final.

Proving that this is retaliation may mean more trouble for me than what it is worth.

Oh well, I'll just chalk it up to experience and move on. I really shouldn't have expected anything different from them.

Thanks again!
The HR cannot leave it up to the Manager. The HR has to be the open door for you to communicate with. By the HR telling the manager she has the finald decision the HR is saying she will back whatever the Manager does right or wrong. I promise you that HR has a supervisor and that is who you need to speak with. Her supervisor is probably out of your work location. You have a right to ask to speak to her or if you work for a larger company her supervisors number is printed somewhere.
Always believe in yourself. No matter how much some people will make you doubt yourself.
I so know how you feel. The WC Ins. Co. paid me with all my vacation and sick leave first, so it would'nt come out of their pocket. So now I have no vacation and if I get sick, it's too bad for me. Every time my Dr. takes me off work(even a day) there goes my sick and vacation time first. It doesn't seem legal.
burton0788babe Wrote:I so know how you feel. The WC Ins. Co. paid me with all my vacation and sick leave first, so it would'nt come out of their pocket. So now I have no vacation and if I get sick, it's too bad for me. Every time my Dr. takes me off work(even a day) there goes my sick and vacation time first. It doesn't seem legal.

It's amazing how so much of what the IC's do doesn't sound legal, but it turns out that it is.
I think I am going to take mistreated's advice and ask HR just to be sure.
I'd be happy if they would just let me carry over these hours.
I understand coming back so late in the year, with others trying to use their time off before they lose it, but me being off is not my fault.
I didn't ask to be injured enough to require 4 separate surgeries in 10 months. Sometimes I think my boss figures I enjoy having this time off.
I don't enjoy being cut and sewn back together again.
I don't enjoy sitting at home, not being able to do anything because it hurts, having to ask my kids to do things I should be able to do myself!
And then they add insult to injury and deny me a benefit I have earned.
They already treat me like a traitor. Like I did this on purpose to make them look bad, when all I do at work is give them 100%.
The Doc & the NCM both told me to take it easy from now on and not push myself. I may just have a clerical position in my company, but I push myself each and every day to get as much work as possible done.
Hopefully I will get the answer I am looking for.
Thanks for letting me vent!! Smile
Good luck. I know where I work all the managers stick together; right or wrong.
Let Go, and Let God......

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