Legal Question in Workers Comp in California

the workers' comp insurance carrier should start making payments after you have missed three full days of work if you filed a DWC-1

Can my empolyer make me use my own vacation time for the first three full days off? Or do I have a chose to take the three days without pay?


Asked on 9/28/09, 10:20 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

No, you can not be forced to use vacation time. After the waiting period is up, you will get the three days paid at the TD rate which is less than full salary [but also no taxes nor withholding]. If you want to get full salary, unless you are a safety employee, you have to use vacation time to supplement the TD.

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Answered on 9/28/09, 12:56 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 9/30/09, 4:43 am


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