California Workers Compensation and Vacation

We have an employee who was out on Workers Compensation for over 18 months, he has returned to work and wants to use his accrued vacation???

In CA does the employee continue to accrue vacation even if he is out on Workers Compensation and didn't set foot in the office for a year and a half?


  • 2 Comments sorted by Votes Date Added
  • Yes, s/he does. If the er does not allow usual and customery benefit accurals just as any other ee the er could be culpable of discriminatory conduct in violation of ADA, CFRA and the California Labor Code (section 132a). Having said that, the er can set the time for allowable vacation.

    Before you disallow the vacation, you sould consult with your legal counsel.

     Robert Miller, PHR, WCCP, CPDM

  • We don't allow accrual when out, whether it's wc or std or anything.  Even FMLA doesn't require it.  I have seen nothing that says ADA or FCRA requires it.  Robert, if you have the cites I'd like to see them.

Sign In or Register to comment.