If I was ordered to stay at home due to work injury can my employer deduct vacation time

Asked almost 6 years ago - Scranton, PA

i have been out on workmans comp since april 2008 due to a back injury. I have returned to work part time on light duty and i was mandated to stay home today due to the fact that i could not fullfill my full duties at work. I am being made to use my vacation time for this day. Is my employer able to first make me stay home and secondly use my vacation time for this day?

Attorney answers (3)

  1. Jon L Gelman

    Contributor Level 11

    2

    Lawyers agree

    1

    Answered . Yes in most jurisdictions.
    In some instances where the employee is capable of performing light-duty work which is not his usual job, the worker may qualify for temporary disability benefits if no suitable work is available. In instances where the injured worker is awaiting surgery and is capable of working a few hours at light duty, the worker is not precluded from receiving an award for temporary disability benefits.

  2. Bruce S Lipsey

    Contributor Level 10

    2

    Lawyers agree

    Answered . I practice in Massachusetts. If aninjured worker cannot perform the job due to his work injury and has to stay home, workers' compensation should step in, not vacation time. Certainly check with a local bar association for a proper local attorney referral to address this issue.

  3. Paul J. Morgan

    Contributor Level 9

    2

    Lawyers agree

    Answered . I agree you need to consult with an attorney or work comp advocate in you particular state. In Florida you are not entitled to pay though work comp until you miss time from work for 7 days. Once you are out 21 days, then work comp is probably liable to pay the first week.

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