Some employers, including the State of New York, will advance a disabled employee sick or vacation pay while they are out of work for a work related condition or injury. This is done either voluntarily or in compliance with a collective bargaining agreement.
If you have been injured at work and have received vacation or sick pay for a periods of time before payments from the Workers’ Compensation carrier began there will likely be a reimbursement award made in your case. This means that a formal award will likely be made covering the period of time you received your wages. That award will direct the Workers’ Compensation carrier to reimburse your employer a certain weekly rate since your employer paid you directly. When the reimbursement is made, your employer should restore your used leave accruals or at least a portion of them.
In many instances, the Workers’ Compensation carrier is only required to reimburse your employer a maximum amount per week. If your employer paid you in excess of that amount then they may prorate the reimbursable accruals.
If you have questions about restoring your accrued sick or vacation time or you are concerned about any aspect of a New York State Workers’ Compensation claim, feel free to contact us.