Labor and Employment Law
Workers Compensation
Income Garnishment

Can an employer force you to use your vacation pay for workman's comp?

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Answered 2009-10-08 14:22:15

In California, No, an employer cannot make an injured employee use his/her vacation pay for workman's compensation Unless the employee is using sick days/ or vacation time to heal an injury.

However, if an employee was injured while on the job, he/she should report it to the HR office go get medical treatment preferably from his/her doctor and then if necessary file a workman's comp claim and collect workmen comp benefits.

I'd suggest considering how injured one is, how much time is required to heal, and whether or not the injury was 100% from an unsafe working environment. If the time off from work is an extensive period of time, it is better to file a workers comp claim.

If one would only be off of work for a few days, to one week it might be better to discuss / negotiate with the HR about time off and vacation pay. Depending on the whether it was unsafe working environment or just an accident ..(only my opinion

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