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  1. #1
    Join Date
    Jul 2008
    Posts
    2

    Question Using Sick Time To Compensate W.C. Pay

    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.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Using Sick Time To Compensate W.C. Pay

    The labor code provides rules for a ''salary continuation plan'', this doesn't however have anything to do with 'vacation pay'...

    Your ER is allowing you/EE's when they become injured to use their accrued vacation time to supplement the TTD/TPD rate to bring your 'take home' to your regular wages...

    You are correct in that your TTD/TPD/PDA's are not taxable, and the vacation time IS taxable.. I've never seen a ''rule'' that pertains to what your ER is telling you...

    I would imagine you are allowed to pull whatever amount you'd like from YOUR vacation time...whether it's by the 'hour/day/week/' etc.

    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
    Ask to see the 'rule/statute' they are basing the information on...
    They do say the Labor Board rules state they have to base this on my gross pay
    The Labor Board says they must base your TTD/TPD on your gross AWW/Average Weekly Wage...which has nothing to do with your issue today.
    4653. If the injury causes temporary total disability, the
    disability payment is two-thirds of the average weekly earnings
    during the period of such disability
    , consideration being given to
    the ability of the injured employee to compete in an open labor
    market.
    http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664

    The third question/answer here...http://www.dir.ca.gov/dwc/FactSheets/FactSheet_C.pdf, will help to understand TTD/TPD and other benefits you may be entitled to.

  3. #3
    Join Date
    Nov 2007
    Posts
    35

    Default Re: Using Sick Time To Compensate W.C. Pay

    Hi Jodiw: I don't know if this helps but,

    I live in California and my employer paid me the exact same way your employer is paying you. I tried several times to use less sick/vacation pay so I wouldn't end up with more take home pay, but using up my accrued leave faster.

    My employer kept telling me that as long as I had accrued leave, they needed to pay me based on my gross salary. Because of this, I also ended up with more take home pay with the combination of the WC benefits They said legally that they had to do it this way. Once I heard that, I didn't push it.

    Now that I think about it, My employer had a policy about this. The response I got when I questioned this practice, was that I could always save the extra money, so that when I ran out of sick/vacation benefits, I would have the extra money to use.

    After reading your post, I wish I had asked to see I copy of the law that allowed them to do this, rather than just accepting their word.

  4. #4
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Using Sick Time To Compensate W.C. Pay

    Pokeno,
    Thank you for your reply. I am waiting to hear back from my employer on their "final decision" of how they are going to pay me. I have already asked if they had a written company policy on the amount of sick time they take and they said "We have always done it this way", and could not come up with paper work for me. They have already paid me one paycheck and are now wanting to change the amount of sick time used. They should not be able to change mid stream.

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