We are frequently contacted with questions about the use of sick, personal, or vacation days and workers’ compensation benefits. Most employees, and also many employers, simply do not understand the laws that apply to these situations. Often employees are told they must use their sick, personal, or vacation time before being eligible for Pennsylvania workers’ compensation coverage and benefits. Other times, employees use these benefits while waiting for a decision on their claim, and later do not know what to do when workers’ compensation benefits are awarded.
These are the three most commonly asked questions on this issue.
1. Am I required to use my sick, personal, or vacation days before I can collect Pennsylvania workers’ compensation benefits?
No. An employer cannot require an employee to use their sick, personal, or vacation days prior to collecting benefits. However, for injuries resulting in less than 14 days of disability, no workers’ compensation benefits are paid for the first week so an employee may elect to use such days for that week.
2. If my workers’ compensation claim was initially denied but later awarded, and I used sick, personal, or vacation days while it was pending, do I have to pay that money back?
Under workers’ compensation laws, no. If you use sick, personal, or vacation days and later are found eligible for benefits for the same time period, you can keep the payments you received and receive the full benefits for that time period.
This is because the law considers your sick, personal, or vacation days “exhaustible benefits”, meaning that once you use them for the time off for the injury they are not available for later use. Contractual language, however, may provide that the sick, personal, or vacation days must be “bought back”.
3. Is my employer required to let me buy back my sick, personal, or vacation days if I am later awarded worker’s compensation benefits?
Under the workers’ compensation laws, no. However, a collective bargaining agreement (union contract) may allow, require, or prohibit such “buy-backs”. This is a “bargainable issue”, or one that may be controlled by past practice in the absence of any contract language addressing the issue.
Contact YCL for Answers
Our experienced attorneys are here to help. Contact YCL Law Group directly for answers to frequently asked questions about workers compensation or call the firm at 724-225-9130 for further assistance.