Legal Question in Workers Comp in California

I was on Worker's Comp for two years. I was just wondering if my Vaction and sick time should be accumulating just as if I were working.

Where does it stop and get put on hold


Asked on 11/18/14, 6:34 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

There is not a specific Labor Code section addressing benefits.

Most employers do not provide benefits like vacation and sick time for an employee not working.

So if there is a collective bargaining agreement -- an employment contract -- wherein the employer has specifically agreed that an employee not working and receiving Temp. Total Disability payments somehow earns full benefits as through they were on the job earning wages, then your accruals would look like you never stopped working.

If not, the employer would not have any benefits accrued while you were away from the job.

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Answered on 11/24/14, 10:27 am


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