vacation pay

longie

I have an employee who has been out on a "supposed work comp" back injury since Nov 9, 2002. In 2003 she worked 3 weeks, all of which were part time. He was out in 2004 until February & when he did return, he is working half days. We are bending over backwards to accomodate this employee & the employee is acting like she is fully disabled and that the part time sedentary work is going to undo the progress she had made. Our doctor 's evaluations show subjective finding, however, they feel she is able to do her job. Her doctors are not very cooperative with the paperwork. Now the employee has put her pt on hold due to personal matters. The employee asked me how long does she have to wait until she gets her vacation pay. We have a policy stating an employee is eligible for vacaations after working full time for 6 months. There is no carry forward of vacation. Use it or loose it. The frustration level of the employer & wc carrier is high. Is she due her vacation? Your thoughts?

Shadowfax

You need to analyze your policies' method of accrual of vacation If it based on some measure of hours worked, then it would seem no vacatin is due. If there is some other language not related to hours worked, then maybe they are.

Balloonman

SOunds like by your policy there is no vacation due. As for her putting the PT on hold, contact the carrier as she is probably being paid 2/3rds of her salary for the half day and have them stop payment until she is compliant with the treatment plan. She DOES NOT have the option to stop her PT for personnal reasons and get paid.
My $0.02 worth!
DJ The Balloonman

szemcumo

I am confused...is this ee a heshe?

marc

I was also confused about the EEs gender. That said, if this person was originally full-time and had accrued vacations, does your policy have some sort of provision that says you have to re-earn you full time status every 6 months? In our shop, once the EEs have met certain criteria they are not required to meet it again.

If you only allow vacation for those working full time, and you define full-time as more hours on a weekly basis than this person has been working, then you are justified in not accruing vacation pay. I am looking for what kind of precedents your existing policy has set for this type of situation. Be consistent or you will get yourself sideways with other EEs you are treating differently.