VACATION & workman's comp

HRH

An employee has a Workman's Comp back strain and cannot lift anything over 10 lbs. for a week. He has 9 days of vacation that he must use before May 1st. Can we insist that he take these days while he can't do his normal duties or must we offer him light duty and let him take his vacation whenever he likes before May 1st?? We have less than 50 employees and therefore, I believe, FMLA doesn't apply. Thanks!

Pork

I would offer the ee the opportunity to use his sick hours or his vacation hours, if he/she wants to collect a full pay check. The worker's compensation carrier is going to pick up the ee for short term disbility, however, the ee will not get the full pay check. Our's pays 66 2/3% of the average of the previous years wage history. We can not force the individual but we make sure the ee is aware of the loss of income. We also offer light duty to get the employee back to work and loose not income. If the light duty job pays a lesser rate of pay than the 662/3% amount then the carrier will make up the difference to insure the ee gets the full 662/3% amount.

PORK

Don D

Unless Illinois has some sort of intrusive regulations regarding these issues, the employer is totally at liberty to form a policy at its own will regarding the mandatory use of leave banks while one is out on Workers Comp. Hopefully you already have a policy, but, if not, adopt one. You may be accused of comp retaliation if you apply it now in this case only. In my state there is no such thing as Work Comp Retaliation; don't know about your state.





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