If you get injured on the job in California, you may be entitled to workers’ compensation benefits. These benefits can help cover medical expenses and lost wages while you recover from your injuries.
But what about vacation pay? Can you still receive it while on workers’ compensation?
The answer is, it depends.
What is Workers’ Compensation?
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill as a result of their job. It’s designed to provide medical care, wage replacement, and other benefits to injured workers while protecting employers from lawsuits.
Can I Get Vacation Pay While on Workers’ Compensation?
Under California law, employees who are receiving temporary total disability (TTD) benefits are entitled to receive their accrued vacation pay. TTD benefits are paid to employees who are unable to work due to their injury or illness.
However, if you’re receiving permanent disability (PD) benefits, you’re not entitled to receive vacation pay. PD benefits are paid when your injury or illness results in a permanent impairment that affects your ability to work.
It’s important to note that not all employers offer vacation pay. If your employer doesn’t have a policy for accrued vacation pay, then you won’t be eligible for it.
How Is Vacation Pay Calculated?
If you’re eligible for vacation pay while on workers’ compensation, the amount is calculated based on your regular rate of pay at the time of your injury. This includes any bonuses or overtime pay that you would have received if you hadn’t been injured.
For example, if your regular rate of pay is $20 per hour and you worked 40 hours in the week before your injury with no overtime or bonuses, then your weekly vacation pay would be $800 (40 hours x $20 per hour).
What Should You Do If You’re Not Receiving Vacation Pay?
If you believe that you’re entitled to vacation pay while on workers’ compensation and your employer isn’t providing it, you should contact an experienced workers’ compensation attorney. They can help you understand your rights and take the necessary steps to ensure that your employer is following the law.
In conclusion, if you’re receiving temporary total disability benefits in California, you’re entitled to receive your accrued vacation pay. However, if you’re receiving permanent disability benefits, you’re not eligible for vacation pay. If you have questions about your rights or think that your employer isn’t following the law, it’s important to speak with a qualified attorney who can help guide you through the process.