Licensed in Missouri and Kansas

Sick/Vacation Time and Workers' Compensation

A common question I hear in my Missouri workers' compensation cases is whether my client's employer can force him or her to take vacation or sick time when out of work because of a comp injury. All too often, an employer will force a client to use up this time after an injury. Then, the client's job may be in jeopardy because they've missed too much work without sick or vacation time.

This practice is generally forbidden in Missouri workers' compensation cases. Missouri law states that an "employer may allow or require an employee to use any of the employee's accumulated paid leave, personal leave, or medical or sick leave to attend to medical treatment, physical rehabilitation, or medical evaluations during work time."

This means an employer may require an employee, who has been released to work after an injury, to use his or her accrued leave benefits to leave work for an occasional medical appointment, physical rehabilitation, or a disability evaluation. It does not empower an employer to require an injured employee who is entirely unable to work because of a work-related injury to use her leave benefits.

If you have been hurt at work and your employer is forcing you to use your leave while you are unable to work because of injury, please call me to talk about your rights. I am a Kansas City personal injury attorney and can help fight this practice.