Legal Question in Workers Comp in California

Under California workers compensation law. If your on workers compensation,and getting paid. Are you still able to accrue vacation & sick leave hours ?


Asked on 1/03/13, 11:26 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

The California Workers Compensation act is silent on actually accruing benefits... but typically the Memorandum of Understanding or Contract for employees states that when a worker is not actually working for wages, no benefits accrue.

If you get a supplement from your benefits -- you're being paid vacation or sick leave benefits to make up the difference between the 2/3 wages in the Temporary Disability payment so you get your full paycheck -- benefits typically accrue on vacation and sick leave because that is treated just like earnings for work.

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Answered on 1/03/13, 12:16 pm


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