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  1. #1
    mombodog is offline Junior Member
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    Aug 2005
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    Question Vacation Pay due vs. Disability Payments

    What is the name of your state?California
    Ok, so here's the deal. I was injured on the job 4 months ago and have been receiving disability checks ever since. Money has gotten tight, so I asked my employer to send me a check for the 14 weeks of vacation time that was coming to me , since I haven't used it. I know that California has a law that vacation pay is accumulative, unless stated by employer, which in my case, it is due to me. Now my employer says that he is going to inform the insurance company of this, trying to get out of paying me. I believe that this is a separate issue, and he still owes me the money. Any advice, or legal precedince would be great. Thank you in advance.

    The Dog RUF RUF RUF
  2. #2
    cbg
    cbg is offline Senior Member
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    Although CA law does consider earned vacation to be wages, I'm not aware of any CA law that says they have to send it to you on demand.

    It's also entirely possible that if they DID send you the vacation pay, it would affect the disability payments.
  3. #3
    mombodog is offline Junior Member
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    But how can my payments from disability be affected by my vacation pay? If I was to quit my job today, then my employer is legally liable to pay me all accrued vacation pay at my current wage. I am not getting disability throught the state, Im getting it through my companies own insurance carrier. I know that I can''t quit my job , otherwise my disability would be void, but how can they deny me what I have legally worked for?
  4. #4
    sweetsue is offline Junior Member
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    collecting vacation pay

    In California you can collect accrued vacation time without affecting your worker's comp disability pay. This is one of the few times you can "double dip". While in the short term it appears to your employer that you are making money by being off work and collecting checks from two sources, your vacation time was already earned and in the books.
  5. #5
    bmaticic is offline Junior Member
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    Jun 2005
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    would this be true in arizona about collecting vacation and wc? I kept asking my employer and they said they didnt know and would check into it but would never get back to me at it.
  6. #6
    mombodog is offline Junior Member
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    Thanks for the answers. I was just curious if anyone knew what time frame my employer has to give me my vacation pay? I also got an answer from someone who has been a legal secretary for over 30 years in California, and she also states that my vacation pay is a seperate issue altogether.
    Thanks in advance again> RUF RUF RUF

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