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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Exclamation My Employer Took My Vacation Time to Pay Me While Out of Work Under Workers Comp

    I was injured at work and have filed a claim. I have spoken to my adjuster and he assured me that the insurance company would pay me for my lost time from work (5 days). I am returning to work at 25 hours instead of 40 per my doctors orders as light duty. My adjuster also assured me that they would pay the difference in time owed. At the same time, my employer, based out of Florida, adjusted my time so that I have to use my PTO time for the week I was out of work due to the injury. They took the time out of my PTO bank already after telling them not to. I do not want to use my own earned PTO time for a workers comp injury. Is there a law that states I don't have to use PTO time when out on Workers Comp and they are already paying me? Isn't that what Workers COMPENSATION is there for?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,000

    Default Re: My Employer Took My Vacation Time to Pay Me While Out of Work Under Workers Comp

    If the first 5 days are a waiting period before the TTD kicks in...yes, your ER can use the PTO...there is no law, as PTO is voluntary on the ER...
    Once the carrier picks up the 5 days... your PTO should be reimbursed... can't be paid PTO and comp for the same time loss...the carrier wouldn't pay if that were the case.

    If you are eligible for FMLA... you'd have up to 12 weeks of job/ER paid benefits continuation, and a job to go back to. After the 12 weeks runs...the ER can terminate you at any time. Might want to look into that...if you are FMLA eligible...the ER must notify you at the time you left, and provide the forms.
    FMLA cannot be backdated though...and only starts once you are notified in writing.

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