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employer not wanting to pay vacation time earned

Discussion in 'Employee Benefits, Pensions' started by jgbuck, Aug 21, 2011.

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  1. jgbuck

    jgbuck Law Topic Starter New Member

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    ive been working for this trucking company since december of 2009 were suppose to get a weeks vacation after the first year of work, i had a on the job injury back in janury of this year
    and wemt to the doctor, the doctor requested a mri done but for some odd reason workmans comp couldnt never get it set up. Well I took off this past week to try and get something done about my injury that has become very hard to deal with the pain while driving, i was willing to take my vacation time to get this seen about, cannt afford to lose any pay so i asked for my vacation pay and my employer said there were not paying out vacation pay right now, can anyone help please
     
  2. wisemans_voyage

    wisemans_voyage Member

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    Is there a MPN doctor that the company provided for you to see concerning your injury? Why wasn't the doctor able to set up an MRI for you? If your pain is getting worse, then maybe you should have the doctor take you off work and then after 7 days, you can start getting disability payments provided by Workers Comp. If you are off work for 14 days or more, then you will be provided disability payments for the 7 day waiting period as well!

    If the company doctor isn't accommodating you properly, maybe you should consult a Workers Comp. lawyer. You shouldn't have to use your vacation pay to get your workers comp benefits! Good luck!
     
  3. cbg

    cbg Super Moderator

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    There is no Federal law and no law in Tennessee (or any other state, for that matter) that you can invoke that will force the employer to let you use your vacation time. Everywhere in the US it is entirely up to the employer when and under what circumstances vacation or other paid time off can be used.

    And I would question the above poster as to whether he has checked workers comp laws for your state, since every state is different.
     
  4. mightymoose

    mightymoose Moderator

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    Yes... just because you are entitled to vacation time doesn't mean you can use it when you want. You typically need to give advance notice of your intentions and your employer will approve or deny it depending on whatever circumstances are relevant.
    Your vacation time is still on the books, so you are not really out anything. You need to find a way to get medical leave/worker's comp if you want coverage.
    It sucks that your employer is not being helpful, but as you describe it there does not seem to be anything in the wrong.
     
  5. wisemans_voyage

    wisemans_voyage Member

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    Give me a break! Workers Comp. is pretty much the same everywhere. In Tennessee, like most other states, you can get a lawyer if you are not happy with the treatment your employer sets up for you! Even if your employer denies your claim, you can still get a lawyer to help you with your claim! And who said anything about vacation time other than the fact the OP doesn't need to use it to get Workers Comp. disability payments if the employer accepts the claim! I suggest you use better reading comprehension, CBG, before you have reason to nit-pick my posts!

    BTW...maybe YOU should check out Tennessee Workers Comp. Law and you will see that my post was totally accurate
     
    Last edited by a moderator: Aug 22, 2011
  6. mightymoose

    mightymoose Moderator

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    The OP's question was about the use of vacation time.
     
  7. cbg

    cbg Super Moderator

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    you should have the doctor take you off work and then after 7 days, you can start getting disability payments provided by Workers Comp. If you are off work for 14 days or more, then you will be provided disability payments for the 7 day waiting period as well!

    This is NOT true in all states. And since the poster ASKED about vacation time, gee, maybe that's why I mentioned it?
     
  8. wisemans_voyage

    wisemans_voyage Member

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    Hmmm...we're not talking about All STATES here--we're talking about Tennessee! Please take your own advice and check out Tennessee law concerning Workers Compensation.
     

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