If you accrue paid time off (PTO) or have some vacation days built into your employment contract, odds are you want to use those absences for a fun little getaway. But what happens if you suffer a work injury that forces you to miss time away from work while you recover? Do you have to burn those sick days or PTO hours because you’re injured and away from work? In today’s blog, we take a quick look at how a work injury affects benefits like PTO, sick leave or vacation days in Minnesota.
Work Injuries And Time Off Benefits
Although all employment contracts differ a bit, your employer only has so much control over certain benefits and how they are administered. For example, an employer cannot force an employee to use sick leave, paid time off or vacation leave to pay for missed time as a result of a work injury. For example, if you have two weeks of PTO at the time of your work injury, your employer can’t force you to take two weeks of PTO before beginning the workers’ compensation claim process. You have accumulated those benefits, and you are not legally forced to burn any of these benefits before you are eligible to file for workers’ compensation. Report your injury right away and connect with a lawyer to get the ball rolling on your claim.
You will want to check your employee handbook if you have questions about sick leave or PTO accrual while you are recovering from your injuries. Most employers tie these benefits to the amount of hours an employee works on a regular basis. For example, maybe you earn eight hours of PTO for every 160 hours you work. If you are at home recovering and not at work, there’s a decent chance that your sick leave or PTO accumulation has stopped. Don’t assume that you are still accumulating days off when you’re not at work, but check your contract or connect with human resources.
One other benefit you may want to look into while you are injured and unable to work is FMLA, which stands for the Family Medical Leave Act. FMLA runs concurrently with your workers’ compensation leave in most instances, and it protects you from being terminated as a result of your absence from work. In general, FMLA can entitle you to 12-20 weeks of job protected leave. Even if your workers’ compensation claim ends up being denied, you may be entitled to some job protected time away from work as a result of your injuries. To learn more about what types of injuries or situations would make someone eligible for FMLA coverage in Minnesota, click here.
At the end of the day, know that you have some rights through an FMLA claim and that your employer cannot force you to take sick leave or PTO to cover the days you’ve missed as a result of your work injury. Don’t let your employer intentionally or unintentionally misinform you after a work injury. Instead, connect with a workers’ compensation attorney who understands your rights and will ensure you get appropriate compensation for your injuries and your time away from work.
For help with a new or existing work injury, or to talk with an attorney to see if you may have a valid claim, reach out to the team at Hey Workers today at (844) 439-9675.
