NEED Answer quick!

mrsbowden

We have an employee that has gone out on workers comp. and is upset that it will not start for a few weeks and is mad that we didn't give him any of his sick and vacation time in the mean time...Were we supposed to? What are the reg's on this? What do you do in these cases (what is your policy)?
Thanks again all..

LindaS

By "it", I'm assuming you're talking about payment. What are your state regulations regarding payment for W/C? For example, here in WI payment doesn't begin until day 3 of missed work and isn't retroactive to day 1 until day 7. In the event that an employee isn't going to be out long enough for actual payment to "kick in" they always have the option of using either vacation or sick time, if it's available.

mrsbowden

IN WV, benefits are not available for disabilities lasting three days or less, but if the disability continues for seven or more days, the first three days are compensated retroactively. I can't find any state law requiring to give ee's their sick and vacation when going out for wk. comp...I would like to give this individual their PTO,,,,but OTHERS at my company don't agree so I was wondering if there is some kind of reg. that we must issue in any accrued PTO until wker. comp payments begin?

Don D

You won't find a state law addressing what an employer can or cannot do with their sick leave policy in this regard. You can craft your policy to allow the employee to take sick and vacation leave if you like. It's the company's option.

sonny

We allow it..legit injury, I think it is right to allow the ee to use PTO to cover (in our case) first 7 days.

bsa

I hope you haven't forgotten FMLA, if it applies. We run paid leave concurrent with FMLA and concurrent with W/C. This would delay him getting payment through W/C in Texas, but that's okay because it reduces our incident cost with the carrier.

mrsbowden

Would I have to look to my WV state laws to determine if I can run FMLA concurrent with his workmans comp?

bsa

FMLA is federal law and cannot be "reduced" by state law. As part of the federal law your company has the option to developed a FMLA policy that would allow you to run FMLA concurrent with W/C and paid time.

mrsbowden

bsa..I just read almost your exact words in an article...THANK YOU..all you are all always such a great help.