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Worker's Comp and PTO

BmarrsBmarrs 9 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Between searching this forum's archives, and calling our Worker's Comp people, I've learned that it is legal (at least in Kansas) for an employee to be paid Worker's Comp concurrently with Vacation or sick leave.

My question is: Is it legal to set policies that state that an employee can NOT use their PDO while getting WC OR conversely can you have a policy that states they MUST use their PDO until it's used up?

Does anyone have any opinions on this? Thanks!
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Comments

  • 2 Comments sorted by Votes Date Added
  • dixieddixied 134 Posts
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    In Nebraska, we have a 7-day waiting period before TPD starts. Employees are allowed to use vacation while receiving TPD from WC. Their company paid sick pay or disability payments would be reduced by the amount of WC they were receiving.
    I suggest you check the the state's DOL.
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  • LivindonSouthLivindonSouth 1,358 Posts
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    There is nothing 'illegal' about it in this state either. The comp commission has no concern about vacation or PDO. Since comp is reduced to a max of 66.6% of pay, I've known of many cases where employees 'took' half days of leave in order to gain the money. We don't have a state DOL and I'm not sure they'd care even if we did.

    The taking of vacation or PDO technically falls under an employer's policy, not a government policy.

    I also think it is always in an employers favor to see that leaves aren't stacked and that vacation or PDO is burned as soon as possible, however possible.




    Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
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