EMPLOYEE ON WORKER'S COMP

System

WE HAVE AN EMPLYEE WHO'S BEEN ON WORKER'S COMP FOR
SIX MONTHS. EMPLOYEE HAS NOT USED ANY VACATION
TIME FOR THIS YEAR. EMPLOYEE GETS FOUR WEEKS PER YEAR AND POLICY SAYS EMPLOYEES MUST USE ALL VACATION BY DEC. 31 AND CANNOT RECEIVE PAY IN LIEU
OF TIME OFF. IT IS NOW IMPOSSIBLE FOR EMPLOYEE TO USE ALL ALLOTTED VACATION BY DEC.31. WITH
RESPECT TO EMPLOYEE'S VACATION TIME, WHAT ARE WE
OBLIGATED TO PROVIDE?

blw

I would type a statement saying the "use it or lose it" policy is waived in this situation and place it in his file.

I wouldn't penalize him for being hurt on the job and I wouldn't want him to see it as a form of retaliation for being out on comp.

Balloonman

Sounds like he/she has been on a vacation of sorts for 6 months.........follow your policy.
My $0.02 worth.
DJ The Balloonman

Parabeagle

I had to deal with precisely this type of situation a few months ago. The individual had 50+ hours' vacation left on the books while she was out on work comp time loss (she still is). The only exception we allow is if operational requirements preclude an individual from taking all his/her vacation. In this case, the individual forfeited the unused vacation. Unfortunate, but we had to follow our policy.

Don D

I suspect that in some states, you would be required to pay the employee for the value of the unused vacation, just as if he had been terminated having a balance. State-specific law will rule on this one.

cthr

Since you are in CT you can either pay out the vacation at this time or allow the employee to carry it forward. CT considers vacation time that is accrued to be earned time and is payable to the employee.