Do You Still Accrue Vacation While on Workers’ Compensation?

Navigating the complexities of workers’ compensation can be challenging, especially when it comes to understanding your rights and benefits during recovery. One common question employees often have is whether they continue to accrue vacation time while receiving workers’ compensation benefits.

What do you need to know about workers’ compensation and your accrual of vacation time?

Understanding Workers’ Compensation

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. In Maryland, the Workers’ Compensation Commission oversees these claims to ensure fair treatment of injured workers. The primary purpose of workers’ compensation is to support employees while they recover and to facilitate their return to work.

Vacation Accrual Basics

Vacation accrual policies vary significantly among employers. Typically, vacation time is earned based on hours worked or tenure with the company. For instance, an employee might earn a certain number of vacation days per year, accrued monthly or quarterly. However, the specifics depend on the employer’s policies and the employment contract.

Accruing Vacation While on Workers’ Compensation

Whether you continue to accrue vacation while on workers’ compensation depends largely on your employer’s policies and the terms of your employment agreement. Here are a few key points to consider:

• Employment contract and company policies: Review your employment contract and your company’s employee handbook. These documents often outline the specifics of vacation accrual. Some employers may allow vacation time to accrue during all types of paid leave, including workers’ compensation. Others may not.
• Type of leave: Distinguish between paid and unpaid leave. If your employer considers workers’ compensation benefits a form of paid leave, you might continue to accrue vacation. However, if the leave is categorized as unpaid, vacation accrual might be paused.
• State laws and regulations: Maryland does not have specific state laws mandating vacation accrual during workers’ compensation leave. Therefore, the decision is primarily up to the employer and the terms of the employment contract.

What to Do If You’re Unsure

If you are uncertain about your vacation accrual status while on workers’ compensation, take the following steps:

• Consult your HR department: Reach out to your Human Resources department for clarification on your company’s policies regarding vacation accrual during workers’ compensation leave.
• Review your contract: Carefully review your employment contract and any relevant policy documents provided by your employer.
• Seek legal advice: If you still have questions or if there are discrepancies in the information provided by your employer, consult with an experienced workers’ compensation attorney. A lawyer can provide guidance specific to your situation and help ensure your rights are protected.

Why This Matters

Understanding whether you accrue vacation while on workers’ compensation is important for several reasons:

• Financial planning: Knowing your vacation accrual status can help with financial and time-off planning during your recovery.
• Employment rights: Ensuring that you receive all entitled benefits, including vacation accrual, is part of maintaining fair employment practices.
• Return to work: Having accrued vacation time can provide flexibility and a smoother transition when you are ready to return to work.

While on workers’ compensation, whether you accrue vacation time depends on your employer’s policies and the specifics of your employment contract. It’s crucial to understand your rights and the details of your situation to make informed decisions. If you need assistance navigating these complexities, our Maryland law firm is here to help.

If you’ve been injured at work and you have questions about your benefits or any other issue, we can help. Contact us to learn more.