Using Sick Or Vacation To Cover Workers’ Comp Time Off

Here is the question: Can my employer make me use my sick or vacation pay when I miss time for workers’ compensation? Employers often offer vacation or holiday pay as well as some form of sick pay. Sometimes, the employer lumps all of these forms of benefits into one Personal Time Off (PTO) category. Regardless of what it is called, the employer cannot use vacation or sick pay earned before the industrial accident instead of paying for workers’ compensation benefits it owes.

At Smith, Feddeler & Smith, P.A., our team of workers’ compensation attorneys works with clients to address and resolve workers’ compensation disputes. We work for injured people in Lakeland, Brand, Orlando, Tampa and across Florida. We put our efforts into making sure you get treated fairly and get the benefits you are entitled to without obstacles.

Seeking Treatment Or Lack Of Light Duty Work Assignments

Florida mandates coverage for medical expenses and a portion of lost wages, prohibiting employers from compelling the use of PTO instead of workers’ compensation benefits. If your employer attempts to do this after your work injury, they are in violation of the law. However, it can often be a challenge to seek a remedy to such a problem on your own. That’s why we’re here.

For example, if you have to miss work to attend therapy, visit the doctor or because suitable light duty is not available, some employers will make you use your sick or vacation time to cover the days you missed. The law, however, prohibits an employer from forcing an employee to use this leave in lieu of workers’ compensation benefits.

In these cases, an employee may opt to use the sick or vacation time to pay the difference between normal, full wages and the amount workers’ compensation pays, but the employer cannot force you to do so. If the employer applies such PTO time instead of paying the workers’ compensation benefits you are entitled to, you may have a right to payment of the workers’ compensation benefits and restoration of the used time off, including reimbursement of any time you were required to expend.

Denied Vacation

In other cases, we have seen employers deny employees the use of vacation time after being out of work on workers’ compensation. For instance, an employee returns after missing six weeks of work due to an injury and is denied her preplanned vacation because she has already missed too much time.

You are entitled to take full advantage of vacation time, the same as any other employee, notwithstanding how much time you have missed due to a workers’ compensation claim. When an employer denies the ability to take vacation because you have already missed time from work due to your injuries, the employer really is engaging in retaliatory behavior, treating you differently because of your injuries.

Such conduct may violate both the workers’ compensation law against retaliation and both federal and Florida state laws against disability discrimination.

The Reason Workers’ Compensation Exists

Workers’ compensation benefits began – historically – to allow people injured at work to have the money and care they need to recover without drawing on their personal resources. Your vacation time and your sick time are personal resources. Your workplace cannot compel you to use those when you have an on-the-job injury.

Facing obstacles and obstinance with your employer can cause you untold amounts of distress and hurt your mental health. But we’ll be there to provide you with the guidance and advocacy you need to move forward. Call us at 863-336-6927 or send an email using this form.