I am a Exempt Emplyee that has been put on w/c restrictions by the doctor which include only four hour work days. My emplyer has now classified me as being on partial leave reducing my pay and benefits vacation accrual and sick time to 50%. Is this legal? The policy under the w/c here reads: Workers Compensation and Transitional Return to Work Program, "Employees on Worker" compensation do not accrue additional vacation or sick time benefits while on leave. Accrual of time begins once the employee returns to work, but is not retroactive. Well, I return to work everyday because I work four to five hours so, how can I be considered on leave instead of work restrictions or modification? Thank you for your reply.
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1 Answer from Attorneys
Your employer's worker's comp carrier has to pay you partial temporary disability benefits because of loss of 4 hours a day. Without representation, insurance company don't take you seriously. Feel free to call me at 213-388-7070 for a free consultation.