Can You Get Vacation Pay While on Workers Comp?

By Robert Palmer

If you’re injured on the job and can’t work, you may be eligible for workers’ compensation benefits, which can help cover medical expenses and lost wages. However, what about vacation pay?

Can you get it while on workers’ comp? The answer isn’t always straightforward.

Understanding Workers’ Compensation Benefits

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. These benefits can include medical treatment, rehabilitation, and wage replacement.

Vacation Pay and Workers’ Comp

Vacation pay is typically considered an employment benefit that’s separate from workers’ compensation. As such, if you’re receiving workers’ comp benefits, you may not be entitled to your usual vacation pay. That being said, the rules surrounding vacation pay and workers’ comp vary by state.

State-by-State Variations

In some states, employers are required to continue providing vacation pay to employees who are on workers’ compensation leave. For example, in California, employees who are receiving temporary disability benefits through workers’ comp can still accrue and take vacation time.

In other states, however, employers aren’t required to provide vacation pay during the time an employee is receiving workers’ comp benefits. It’s important to check your state’s laws regarding this issue to determine what your rights are.

Using Vacation Time While on Workers’ Comp

Another option is for an employee to use their accrued vacation time while they’re out on workers’ compensation leave. This way they’ll continue getting paid their regular salary instead of just receiving partial wage replacement through the workers’ comp program.

However, if an employee chooses this route they may forfeit some of the protections offered by the workers’ comp program – such as continued health coverage – so it’s important to weigh all the options before making a decision.

Conclusion

In conclusion, whether or not you can get vacation pay while on workers’ comp depends on a variety of factors, including state laws and company policies. It’s important to understand your rights and options by checking your state’s laws and speaking with your employer or workers’ comp representative.