Legal Question in Workers Comp in Virginia

sick leave

If, in my yearly benefits pkg.,it notes that sick leave earned is approx. 24 hrs. per month, and annual leave is earned ,accrued at various levels for yrs served, is part of my benefit pkg. and I am encouraged to use my A/L but not my S/L, is it wrong to limit my S/L use to 5 days a yr. If I use more than 5 days they require I bring in a Dr.s note. They say they will not pay the co-pay, $20 -$40, each time, depending on ins. plan. I feel that the S/L is a benefit and they are limiting my benefit. Can they place a limitation on how I use my benefit they say I earned? I understand the whole FMLA deal we have, out 3 days or more you need a note to return to full duty, but lets say I feel ''yucky'' one day but not neccesarily sick, just not up to par, and I use a S/L day, requiring no Dr. visit, how can they make me get a Dr. note. If I go to the Dr. and tell him I just felt ''down'', how would you think he'd feel about taking my word that I just felt bad, not physically sick, but took a S/L day, and writing me a note to go back to work. Then two days later I die from massive heart condition, that I nor he suspected, and he took my word on how I felt, heard my story of having to have a note for wk. and gave me 1. FYI I'm a 24 hr mply.


Asked on 9/15/07, 9:28 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: sick leave

Unless the benefits which you've described are guaranteed under a contract of employment or collective bargaining type of agreement, the answer is that your employer can impose any requirements that they wish for the use of these benefits, including cutting them out completely, since employers in the Commonwealth, an employment at will jurisdiction, have no legal obligation whatsoever to provide either sick or annual leave benefits to their employees.

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Answered on 9/15/07, 11:24 am


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