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?
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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 7 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.
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