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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Personal Sick Time for Workers Comp

    My workers compensation claim was made in the State of: CALIFORNIA

    I am a police officer for the City of Soledad CA. I was injured in the line of duty arresting a combative suspect. I hurt my wrist pretty bad and was immediately taken to the hospital for treatment. It was later found to be a bad sprain. I missed the next two days of work. The city finance director is telling me I have to use my PERSONAL sick days in order to get paid for the two days I missed and states that I must wait for workers comp to pay the city before he'll give me my PERSONAL sick days back. They are not arguing that I sustained a legitimate injury on duty. I have been injured before at a previous department and did not have to go through this, nor did I have to use my own PERSONAL sick days to get paid, I just got paid as normal. Also, isn't my pay supposed to be tax free when it is a workers comp issue? How will I be compensated for that if they're making me use my sick time. I thought that the workers comp laws were a little different for cops and firefighters. Is this legal for them to do and if not, what are my choices? Thank you for your time and consideration.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Personal Sick Time for Workers Comp

    If there are no other sections of the labor code the apply, there is a waiting period for TTD benefits to be paid.
    4652. Except as otherwise provided by Section 4650.5, no temporary
    disability indemnity is recoverable for the disability suffered
    during the first three days after the employee leaves work as a
    result of the injury unless temporary disability continues for more
    than 14 days or the employee is hospitalized as an inpatient for
    treatment required by the injury, in either of which cases temporary
    disability indemnity shall be payable from the date of disability.
    For purposes of calculating the waiting period, the day of the injury
    shall be included unless the employee was paid full wages for that
    day.http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664
    First 3 days your ER may allow use of sick time or vacation. If you are out more than 14 days, those first 3 would be picked up and your sick leave reinstated. The wages/sick leave is taxable as normal wages. Wages are paid by ER... disability is not taxable, and pay by carrier.

    4850. (a) Whenever any person listed in subdivision (b), who is
    employed on a regular, full-time basis, and is disabled, whether
    temporarily or permanently, by injury or illness arising out of and
    in the course of his or her duties, he or she shall become entitled,
    regardless of his or her period of service with the city, county, or
    district, to a leave of absence while so disabled without loss of
    salary in lieu of temporary disability payments or maintenance
    allowance payments under Section 139.5, if any, that would be payable
    under this chapter, for the period of the disability, but not
    exceeding one year, or until that earlier date as he or she is
    retired on permanent disability pension, and is actually receiving
    disability pension payments, or advanced disability pension payments
    pursuant to Section 4850.3.
    http://www.leginfo.ca.gov/cgi-bin/di...file=4850-4856
    Apparently your supervisor should be refreshing himself with the labor code. Notify, and request your wage be continued pre the above section by 'medical leave', instead of WC TTD. Read the full section of the labor code before you go. Make sure this applies to you.

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