No Such Thing as “Workers’ Compensation” Leave
California’s public policy favors the workers’ compensation system as the preferred means to remedy employees’ work-related injuries. The system is based on the “compensation bargain,” under which employees give up the right to sue for personal injuries occurring in the course of employment in exchange for receiving a streamlined way of obtaining medical care and compensation. However, because workers’ compensation laws are subject to the political climate, this “compensation bargain” is not always welcome by employers, especially when they are facing increasing insurance costs. Many employers have misperceptions about the workers’ compensation system . Some believe, for instance, that employees have a “right” to “workers’ compensation leave.” In reality, there is no such thing. Employees who require time off for injuries or illnesses that are work-related are entitled to the same leave as other employees, such as time off under the federal Family and Medical Leave Act and/...