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Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
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Experience:  Lawyer and legal specialist.
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I got hurt on my part time job and was receiving workman's

Customer Question

I got hurt on my part time job and was receiving workman's com for 2 months which also covered my full time job as well. my full time employer adjusted my vacation accrual, taking 15 hours citing I was off the pay roll. Is this legal and what law justifies or prohibits this action
Submitted: 1 year ago.
Category: Legal
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

It is legal because if you were not on payroll you were not accruing leave.

Now, there is no statute justifying this, but you are looking at the law backwards. Vacation and PTO is not legally required for an employer to give, so when they do give it, they can set what rules they wish about its use. An employer has free reign unless there is a law actually stopping them from doing something.

The employer can't just take vacation that a person has earned and is in their leave bank. That covered by a statute. However, there is no statute or law saying that you continue to accrue benefits when using WC, just the same as if you were still working. That's not true, but I can not show you the absence of a law. That's just the reality of the situation here though.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service so that I receive credit for working with you today.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.