If I got injured at work and I’m receiving medical treatment and ask for my vacation pay so that I can get a week of rest, can the agency deny my request until I am healed?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I got injured at work and I’m receiving medical treatment and ask for my vacation pay so that I can get a week of rest, can the agency deny my request until I am healed?

I got injured around 2 months ago at my workplace. I’ve been going to therapy and been placed this whole time on modified duty. My wife and I been planning since a year ago our week vacation. I asked the agency if I could receive my week vacation pay I’m

entitled to. However, they denied it because I’m on modified duty. They approved my vacation days but without pay. I don’t think this is correct especially since I’m entitled to a week of paid vacation for the amount of time I’ve been working.

Asked on December 14, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your are entitled to take your vacation and to *use* your vacation days (though subject to the employer's right to disapprove any given days or week of vacation if inconvenient for them, due to workflow, staffing needs, etc.--that is, the employer gets a say over when you can take vacation). However, you do not have the right to get your vacation pay while still employed--just the actual vacation itself. "Modified duty" does not affect your right to use previously-approved vacation time, but it is possible that if you have been working reduced hours for the last two months or so, that you would have not accrued vacation days those last months (which could affect how many days you have available). If the employer will not let you use previously accured and approved vacation days, you could contact your state department of labor--they may be able to help you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption