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Can My Employer Take Away PTO for Time Missed After a Work Injury?

post it note showing paid time off

As an employee, you earn your paid time off and sick leave. When you suffer a work injury and need to miss work, should your time off from work come out of your PTO, or is there a different way for you to recover? Recognizing your rights when it comes to workers’ comp time off can help you as you go through the process.

So, do you need to use your vacation time on workers’ comp?

You Don’t Need to Use Your PTO

Your employer can’t force you to use paid time off while waiting on your claim. Unfortunately, there is some time between when you file your claim, when it’s accepted, and when it kicks in. So that time off of work can make things complicated.

During your waiting period, you can apply for the state’s disability insurance, which would help you with short-term leave or paid family leave. This means you get to take time off that you deserve without having to worry about your employer forcing you to use your earned paid time off.

You Need to Work Quickly

Because other disability benefits have timelines and caps, you should work with a lawyer to speed up the process. If you work with a lawyer, you can effectively safeguard your rights and work through the process to pursue the workers’ comp benefits you deserve without concern.

If your employer forces you to use your paid time off, you might be able to use legal action to recover the lost PTO.

At Pacific Workers', The Lawyers for Injured Workers, you’ll find our Oakland workers’ compensation lawyers who are ready to help you in the most complex situations. We aim to protect you and your time off that you have earned. Let our team stand in your corner and pursue benefits when you need them most. From start to finish, we’ll be by your side and explain your rights.

Call our firm at (888) 740-6434 today.