Vacation During Workers’ Comp Leave: Your Mississippi Rights Explained

You’re home recovering from a workplace injury. Workers’ comp is covering your medical bills and partial wages. But your family’s beach vacation is coming up—the one you booked months ago. Can you go? Will it affect your benefits? Should you cancel and lose your deposits?

At Merkel & Cocke, P.A., we’ve guided injured Mississippi workers through these exact dilemmas for over 40 years. Taking a vacation while on workers’ comp isn’t automatically prohibited, but it’s complicated. One wrong move could jeopardize your benefits, give insurance companies ammunition against you, or even lead to fraud accusations under Mississippi Code § 71-3-69, which governs misrepresentation in workers’ compensation claims.

Do you still accrue vacation while on workers’ compensation?

This question keeps injured workers across Jackson, Oxford, and the Gulf Coast up at night. Whether you still accrue vacation while on workers’ compensation in Mississippi depends entirely on your employer’s policies—not state law.

Mississippi law does not require private employers to provide vacation benefits. This means your vacation accrual during workers’ comp leave is typically governed by your employer’s policies and handbook, not by statute.

How Mississippi employers handle vacation accrual

Mississippi employers handle workers’ comp vacation accrual in different ways.

Some employers may continue accrual as if you’re actively working, treating your injury leave like any other approved absence. For example, some manufacturing employers along the Gulf Coast follow this approach to retain skilled workers.

Other employers freeze accrual immediately, arguing you’re not “working” to earn benefits. By contrast, some retail and smaller employers in rural Mississippi counties stop accrual immediately.

There are also employers who might fall somewhere in the middle.

Special provisions for state employees

Mississippi state employees face different rules. While Mississippi Code § 25-3-95 governs leave, policy guidance from the Mississippi State Personnel Board clarifies that state employees can use accrued personal or medical leave to supplement workers’ comp payments, but the combined amount cannot exceed 100% of their regular salary.

To look further into the matter, you may want to consult your employee handbook’s leave policies, collective bargaining agreements if applicable, written company policies about leave accrual, and past practice with similar situations.

Can you get vacation pay while on workers’ comp?

Can you get vacation pay while on workers’ comp without jeopardizing your claim?

Mississippi workers’ comp pays 66⅔% of your average weekly wage during temporary total disability, subject to a maximum set annually by the Mississippi Workers’ Compensation Commission (currently $630.73 per week as of 2025). That missing third creates real hardship for families from Tupelo to Hattiesburg.

The double-dipping trap

Receiving earned vacation pay while on comp is not, by itself, ‘double-dipping’ or fraud in Mississippi. However, you need to disclose any wage/leave payments to your adjuster because misrepresentation (not mere overlap) can trigger penalties.

Insurance companies operating in Mississippi aggressively investigate what they call “double-dipping.” They’ll subpoena payroll records from your employer, comparing workers’ comp payments against vacation payouts. Overlap can prompt benefit suspension/review, credits/repayment, and in cases of misrepresentation, potential criminal referral. It may also cause your claim to close.

Coordination of benefits under Mississippi law

For example, some Mississippi employers, particularly larger manufacturers in the state, have formal policies allowing vacation pay to supplement workers’ comp up to regular wages. But this must be documented in writing and properly coordinated.

Can you get vacation pay while on workers’ comp safely? Only with careful planning. Document this choice with your employer’s HR department and notify your workers’ comp adjuster in writing.

Does workers’ comp pay for time off already scheduled?

Your Orange Beach condo was booked six months ago. Your daughter’s destination wedding in Destin is next week. Then injury strikes at your Columbus manufacturing job. Does workers’ comp pay for time off already planned?

Workers’ comp pay for time off continues during pre-planned vacations only if you remain disabled and comply with medical restrictions. The Mississippi Workers’ Compensation Commission recognizes that injuries don’t erase prior commitments, but scrutiny intensifies.

Mississippi pre-existing plans

Document the pre-existing nature immediately:

• Provide booking confirmations dated before the injury
• Show non-refundable deposits and cancellation penalties
• Calculate financial losses if cancelled
• Demonstrate attempts to modify plans for restrictions

Getting proper medical clearance

The law doesn’t mandate a travel clearance, but your plans should remain consistent with your restrictions and be documented with your physician to avoid disputes. Your doctor should address:

• Flight tolerance (especially for back injuries)
• Walking limitations at tourist destinations
• Lifting restrictions for luggage handling
• Climate considerations for your condition
• Emergency treatment protocols away from Mississippi

Just remember that if you claim you’re unable to sit for extended periods at your office job, that five-hour flight to California will look suspicious. But reasonable vacations respecting limitations can actually support your recovery claim. Document every accommodation showing restriction compliance.

Understanding surveillance laws in Mississippi

Insurance companies frequently use surveillance in Mississippi, and monitoring in public places is generally lawful. If you spot surveillance at your Olive Branch home or Oxford medical appointment, document their presence but don’t confront them. Contact your attorney immediately—their presence might actually help if you’re following restrictions.

When vacation helps your Mississippi workers’ comp case

Strategic vacations can strengthen your claim when done correctly. The Mississippi Workers’ Compensation Commission recognizes that mental health impacts physical recovery.

Doctor-recommended travel

Mississippi physicians increasingly prescribe appropriate travel for recovery. Warm weather at the Gulf Coast helps with arthritis and joint injuries. Lower elevation in the Delta assists with breathing issues. Family support aids psychological recovery from traumatic workplace injuries.

Legal consequences under Mississippi law

Workers’ comp fraud is a felony under Mississippi Code § 71-3-69. A conviction can result in a fine up to $5,000 or double the value of the fraud, whichever is greater, and/or imprisonment for up to three years. The state actively prosecutes insurance fraud, including workers’ comp fraud.

Beyond the criminal penalties, a person who makes a false statement to obtain benefits may be required to repay all benefits they recovered.

Taking action today

Do you still accrue vacation while on workers’ compensation? Check your employer’s policy. Can you get vacation pay while on workers’ comp? Only with careful coordination. Does workers’ comp pay for time off? Yes, if you maintain consistency with restrictions.

Before any travel, protect yourself. Get written medical clearance. Notify your adjuster professionally. Document all accommodations. Avoid social media completely. One mistake could cost everything you’ve worked for.

Don’t risk your workers’ comp benefits by guessing. Merkel & Cocke, P.A. has protected injured Mississippi workers for over 40 years. From our offices in Jackson, Clarksdale, Greenville, and Oxford, we serve clients throughout Mississippi.

Contact Merkel & Cocke today for a free consultation about protecting your workers’ comp benefits while maintaining your life. We’re here to review your specific situation and help you make informed decisions that protect your rights under Mississippi law.