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  1. #1
    Join Date
    Oct 2018
    Posts
    7

    Default Considered Retaliation

    My workers compensation claim was made in the State of: Iowa
    Per our contract, current year vacation weeks are paid based off the employees previous year's average rate and hours.
    There is also language that a period of absence due to a compensable disability will be counted as hrs work when calculating vacation.
    That being said, I was working 60-68hrs per week in 2018 before my injury. After which, I was off work for the last 4months of that year.
    Now when i take vacation this year, they are taking all the hours I worked last year plus using those last 4months in their equation. I had 1,944hrs through 8/31/18 for an avg of 59hrs. When they include all 12months the average dips to 37hrs.
    I understand that my WC was a compensable disability of time off. My question/ arguement is the same formula they used to figure my WC benefits should also be applied on the weeks off during my healing period.

    This feels like retaliation. I don't feel as though I should be punished for not being able to go into work because of a work injury.

    Opinions and thoughts please...
    Thank you

  2. #2
    Join Date
    Oct 1971
    Posts
    5,049

    Default Re: Considered Retaliation

    DM59
    My question/ arguement is the same formula they used to figure my WC benefits should also be applied on the weeks off during my healing period.
    Where does it say that in your contract?
    What you think "should be" and what the employer is required to do is two different things - unless you have such an agreement with the employer in writing or verbal, it's to their discretion.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Oct 2018
    Posts
    7

    Default Re: Considered Retaliation

    There is no contract language specifically on WC.
    I suppose i thought there were state/federal laws in place protecting employees from recieving a loss of income or benefits from their employer because of a WC claim.
    Does it make a difference if the case is still open?

  4. #4
    Join Date
    Oct 1971
    Posts
    5,049

    Default Re: Considered Retaliation

    Why would someone need a vacation if they where off work for an extended time on disability?

    WC pays a percentage of wage loss, it's not taxable earned income - it doesn't count towards average weekly wage or hours worked.
    You can't get vacation pay when you haven't earned the required work hours or wages.
    I've never heard of an employer counting time off on disability towards vacation pay, that even sounds kinda weird.

    I may be wrong in your situation, check with the union to be sure - you never know.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Oct 2018
    Posts
    7

    Default Re: Considered Retaliation

    And that's fine, don't count an employees time off towards their vacation. But a company also shouldn't count the time off against vacation either. And by that I need to clear up that the previous years average weekly hrs are paid per week in the following years vacation. What the company is doing is
    1. Counting my months off as if I were there under 0 hrs worked to lower my average weekly hrs.
    My argument with them doing that is if they use those months I wasn't there in the equation, then the average hrs per week paid on each WC benefit should also be applied in their equation also.

    I must say, WOW. After returning to an employer I'm kinda curious where you stand on a person "needing" a vacation? I know that's only an opinion question but after 6months of 12hr swings 48/60s in a steelmill trust me, I don't care how long a person was off for an injury especially in this field, they need a vacation.
    BTW, 1200hrs in the calendar yr are required to be eligible for the vacation the following year. I had 1944 by August.
    Work Comp injuries aren't normally fun in the sun beach parties.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,049

    Default Re: Considered Retaliation

    Counting my months off as if I were there under 0 hrs worked to lower my average weekly hrs.
    If they're counting the time you where home as zero hours worked, they're not counting you there.
    I don't follow your logic, how are else could they account for the weeks you weren't there?
    They can't say you worked but didn't get paid or even present on the property.

    They base the average weekly hours on 52 weeks, not 6 months or the time you worked that year.
    What if you where off on WC for eleven months, should they base the average on the four weeks you worked?

    I'm kinda curious where you stand on a person "needing" a vacation?
    It's a very simple concept - you work a certain amount of hours to acquire a certain amount of vacation time.

    You cant get credit for time not worked or not on company property.
    Are you saying time spent on vacation should be counted as time worked also?
    How do they account for the time spent on vacation?

    Now my turn - how much vacation time would a person be eligible for if they where off work on WC for eleven months?
    Should WC pay wage loss benefits for the time the employer pays these vacation benefits?

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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