Legal Question in Workers Comp in California
What if your employer did not pay you anything to make up for the 2/3 wages? I did get paid by insurance company after surgery and returned after 11 months am I entitled to Vacation time for the last 11 months? I have worked for this company for 5 years
1 Answer from Attorneys
Sadly, no. The Labor Code does NOT require the employer to pay any wages or benefits to an employee who is not actively working.
SOME EMPLOYEES UNIONS direct HR to 'use up' the workers' accrued sick leave and vacation to continue a full paycheck for a few weeks to keep the paid leave accruing... but that is a separate "Memorandum of Understanding" (contract) outside the Labor Code.
The Labor Code only gives you 2/3 of your average earnings with no benefits accruing because that's supposed to 'inspire' you to return to work as soon as possible to cut the losses. The reality is nobody knows their benefits/vacation failed to accrue until after the doctor let them go back to full duty.
Thank your evil Assemblymen and State Senators...they screw over injured workers each time they 'fix' Workers Comp.
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