Legal Question in Workers Comp in California
Accrued Sick Days
While WC is being determined and investigated, my husband's employer will not give us his accrued sick days and seem to be applying his sick days to WC - and we are NOT receiving any payments.
It has been a month. We did apply for State Disability last week.
My husband's paycheck stubs (with no check attached) says ''paid leave of absence'' and they are using all his sick time hours yet paying only 6% of his salary which goes directly to taxes. Again there is no �paid leave of absence� as the stubs suggest.
Is there a Labor Code or any CA state law that says that employees can use their accrued Sick Days/Vacation Days/Personal Days while a claim is being determined?
Also if they are paying 6% of something, (anyone?) � did the Company just admit to the Workers Comp and that the company is responsible for my husband�s illness and injury?
Thanks in advance.
2 Answers from Attorneys
Re: Accrued Sick Days
The employer has to provide temporary disability benefits which is 2/3 or 66% of the regular pay of an injured worker. The employer should not exhuast employees sick leave. We highly suggest that you get legal representation deal with all these issues. Feel free to call us at 213.388.7070 for a free consultation.
Re: Accrued Sick Days
Your question is laced with many separate issues. If your employer decides to deny your husband's claim, he will not be entitled to temporary disability. With that said, your husband's employer cannot use his sick days towards a work-related injury.
If you would like a free consultation, please feel free to contact me at 818.385.0520.
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