My workers compensation claim was made in the State of: California
I just had surgery and am off on Workers Comp. W.C. is paying 2/3 of my pay and my employer is supplementing the rest with my accumulated sick time. My employer is telling me I must use enough sick time so that the gross (before taxes) amount of my check is the same as if I were working. Now, W.C. is not taxed so if my gross amount is the same, (W.C. plus my sick time combined) I end up bringing home $200.00 a pay period more and using 2 hours a day of my sick time. If I were to use 1 hour per day of my sick time my gross would be less (of W.C. plus my sick time wage combined) but I would net (bring home) the same as I as if I were working and use half of my sick time.
My work place has nothing in writing as to how much of my sick time they have to use they just say they have always done it this way. They do say the Labor Board rules state they have to base this on my gross pay. The kicker is they approved my taking 1 hour per day of sick time before I went out on leave and have paid me one check already and now they want to change it mid stream. And, who is going to be changing my signed time sheets that were turned in before I went out?
What are your thoughts? I do not feel I should bring home more pay (more pay being my accumulated time) while I am out and use up all of my sick time in the process. Thanks for your help.