Q: Do I have to use my accumulated personal sick leave if I am out of the office due to surgery for a workmans comp injury?
A: Your employer may require you to use your accumulated personal and sick leave, but they will not tell you is that you may also be entitled to payment of workers' compensation wage loss benefits on top of the accumulated personal and sick leave. If the personal and sick time is an accrued benefit resulting from time you have already worked it is treated as earnings that have already been accumulated. As such the workers' compensation carrier does not get a credit and you can receive both at the same time.
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