Legal Question in Workers Comp in California

I am currently on medical leave for work related stress. My supervisor is not allowing me to use my sick time while I am off. She is stating I was a no call no show on 3 days where I was scheduled to work. I have documentation that shows I provided HR with my leave and paperwork required. Can she hold my sick time pay while I am on leave?


Asked on 8/17/15, 11:51 am

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You need to file a claim for worker's compensation benefits. One of the benefits is temporary disability benefits and a doctor needs to certify you for disability. So it is not up to your employer to determine you need to be on leave or not. Feel free to call me at 213-388-7070 for a free consultation.

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Answered on 8/17/15, 12:23 pm
Nancy Wallace Nancy Wallace Atty at Law

MAYBE. If the company has as established, written policy it does not permit workers to use accrued benefits for certain events, there may be a basis for refusing to permit use of accrued personal benefits... you really need to get the refusal IN WRITING so you can see the basis for the denial of the accrued leave. You MAY have a LABOR CODE 132A violation, discrimination as retribution for requesting workers compensation benefits.... that only works if you actually submitted a request for workers compensation benefits. YOU CAN GO TO THE LABOR BOARD https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

and file a WAGE CLAIM and demand payment of accrued benefits during your leave.

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Answered on 8/17/15, 3:38 pm


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