New York Worker's Compensation - Help For Injured New York Workers

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  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Default Sick Time vs Comp Pay

    Hi, I've read in this forum that some state's laws do not allow an employer to exhaust all of an employees sick time pay in a comp. case(without their authorization). The employer would then use the date that there is no longer any sick time left, as the date that the insurance co. would begin the employees comp. pay. I have not been able to locate the NY state laws in this situation. Thanks for the help.

  2. #2
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Sick Time vs Comp Pay

    Quote Quoting gympy View Post
    Hi, I've read in this forum that some state's laws do not allow an employer to exhaust all of an employees sick time pay in a comp. case(without their authorization). The employer would then use the date that there is no longer any sick time left, as the date that the insurance co. would begin the employees comp. pay. I have not been able to locate the NY state laws in this situation. Thanks for the help.
    If you have a contract consult your advisor.
    Also, if you use your sick time you'll be paid more than on comp., until the sick/vacation or whatever
    these days expire, then you'll automatically switch to authorized comp pay.
    Knowledge is a beneficial tool for the injured worker!

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Sick Time vs Comp Pay

    Cash Benefits
    Cash benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days. In that case, the worker may receive cash benefits from the first work day off the job. Necessary medical care is provided no matter how short or how long the length of the disability.
    http://www.wcb.state.ny.us/content/m...shBenefits.jsp
    Don't know where you have read ...but, it's not accurate.

    If you are eligible for unpaid leave under FMLA>..your ER must notify you when you file the claim and provide the forms.
    FMLA provides up to 12 weeks/annum of job and benefits protection.
    If the ER determines at a later date to run WC and FMLA concurrently, they cannot back date the request. FMLA does NOT allow use of vacation time/PTO even to make your wage loss whole.

    After the wait period, 7 days...and you are off 14 days... the first 7 will be picked up...if you have used your vacation/PTO...that will be reimbursed and you'd receive if necessary any difference.

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