Legal Question in Workers Comp in California
CA Workers Comp and PTO
I have used over 200 hours of accrued PTO time after filing a Workers Comp Claim. This is mostly due to delays of the WC process such as waiting for Authorization, scheduling DR appointments, etc.
Our Employee Handbook only has the following statements related to the use of PTO and WC.
Paid Time Off
Paid Time Off may be taken at any time during the year, subject to supervisory approval, and may only be taken up to �40 hours, not to exceed the annual maximum accrual.
Unpaid Time Off
With the exception of Military Leave, employees are required to use available PTO for absences and leaves. Once all available PTO has been exhausted (up to �40 hours), an employee may request unpaid time off.
Leaves of Absence
With the exception of Military Leave, or as otherwise required by law, employees must use available PTO prior to taking unpaid leave.
Workers Compensation
XXX reserves the right, when applicable, to designate workers compensation time off as FMLA leave.
All Paid Time Off must be taken prior to taking unpaid FMLA.
Please help...this policy seems contradictory and unfairly applied.
2 Answers from Attorneys
Re: CA Workers Comp and PTO
This matter is complex and you should not try to do it yourself so you should get an attorney to discuus your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: CA Workers Comp and PTO
Call us at 213.388.7070 to discuss various options that are available to you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
