Q: I work in TX. I had personal leave days. I was told I had to use my leave 4 an injury on the job b4 WC to pay. True?
I only had 3 days of leave before i got injured which was no fault of my own. I was told I had to use my leave days b4 WC paid any benefits for me missing work. Now once I able to return to work if myself or my child gets ill and I have to take off. I will be docked for a day off work bc my leave days were taken when i got injured on the job and it was no fault of my own. Can they do this?
A:
You don't have to use the P days but they dont have to pay you for the first 5 days you are out. These are work/business days, days when you would be on shift.
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A: If you miss time from work for any reason, you employer has the right to count you as absent. You can have excused absenses as in the case of workers' compensation claim, or unexcused absenses such failing to call in or show up for work on a particular day. If you no call or show an employer will usually fire you. If you have an excused absense, the employer will usually allow you to come back to work but only for a period of time. For example, under the Family Medical Leave Act, a qualified employee is allowed to miss up to 12 weeks from work for a excused reason. However, after the 12 weeks expires, the employee will be fired. This is true even if they have, for example, a legitimate workers' compensation claim. The law is trying to balance the rights of the employee vs. the employer in this situation. If you miss time for a workers' compensation claim, you will stil be entitled to receive temporary income benefits provided you are able to prove you are off work due to your work related injury.
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