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Is it legal to be obligated to use my sick time for work related injury?
#1
Question 
While on the job, I injured my shoulder and was told to go see the workmans comp doctor. He has had me on physical therapy and on going doctors visits. My supervisor told me I have to use my sick time for all my doctors appointments and physical therapy sessions. I had plenty of sick time saved because I harldy ever called in sick, but now, my sick time has diminished from all the appointments I have had to go to for this work related injury. And now I am being told that by me having to take so much sick time, that could possibly affect my yearly evaluation. Is any of this legal?

Please help!
Thanks in advance!
 
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#2
What state?
 
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#3
you are confused. the reasons for not working are different.
leave time is not disability.
in most states workers compensation is limited only to disability payments.
you can choose not to get paid for not working rather then draw leave.
in most states if you are medically released to work, you cannot chose to have time away from work for medical appointments classified as "disability".

 
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#4
I know for where I work we are required to use PTO or Sick time for anytime missed for work!
 
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#5
(04-20-2011, 02:29 AM)lucy Wrote: While on the job, I injured my shoulder and was told to go see the workmans comp doctor. He has had me on physical therapy and on going doctors visits. My supervisor told me I have to use my sick time for all my doctors appointments and physical therapy sessions. I had plenty of sick time saved because I harldy ever called in sick, but now, my sick time has diminished from all the appointments I have had to go to for this work related injury. And now I am being told that by me having to take so much sick time, that could possibly affect my yearly evaluation. Is any of this legal?

Please help!
Thanks in advance!


Hi Lucy. Let me straighten this situation out for you. First of all, it is not legal for your employer to tell you that you have to use sick days for appointments and therapy. This is not legal because you earned those sick days, and I assume you get paid even when you use them. Your employer has to let you go to physical therapy and doctors appointments whether it interferes with their scheduling or not. They cannot fire you at any time while you are on comp, nor can they use it as an excuse to fail you at an evaluation. If the doctor writes you a note saying you cannot work or writes you a note for restriction of duties, your employer has to abide by that decision. My suggestion is that you consult with a workers comp attorney and he or she will let you know what all your rights are. Compensation attorneys only work on contingency and will consult with you even if you only need free advise. I myself have been on a comp related injury for the past 4 years, and my place of employment knows that they can't let me go from the payroll until the case is closed. Your employment should be very careful about what they are doing right now because they can face severe repercussions if they try to force you out because of a compensation claim. If you need anymore questions answered please let me know. I was a manager for a lot of years and dealt with comp all the time.

regards
mshannon
 
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#6
Do you have an Employee's Hanbook? If so you may be able to find you answer in the handbook.

1171 is on target, I worked for a community college and everytime I took off work for a work comp appointment my sick leave time was used.
 
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#7
(05-15-2011, 09:09 PM)mshannon Wrote: They cannot fire you at any time while you are on comp, nor can they use it as an excuse to fail you at an evaluation. If the doctor writes you a note saying you cannot work or writes you a note for restriction of duties, your employer has to abide by that decision.

regards
mshannon

Don't you believe this, not for a minute. A company can terminate you for any reason, at any time.

Myself, and many others on here have been fired while under workman's comp.

I was a 35 year employee that never missed a day in my whole career, and was terminated for "missing time".
 
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#8
Where is written you can't be fired? Would love to read that. I was fired by my employer 3 years ago and we are still trying to settle my case. I was union and they could do nothing about it
 
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#9
The only time your job has protection is if your in the fmla requirements. There is no such thing that they cant fire you, they can do what ever they want. You can fight them for wrong full termination but that can be a hard case to win. I know it sucks, but if you have paid sick time you might as well use them up while they say your still employed....JMO.
 
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#10
(05-15-2011, 09:09 PM)mshannon Wrote:
(04-20-2011, 02:29 AM)lucy Wrote: While on the job, I injured my shoulder and was told to go see the workmans comp doctor. He has had me on physical therapy and on going doctors visits. My supervisor told me I have to use my sick time for all my doctors appointments and physical therapy sessions. I had plenty of sick time saved because I harldy ever called in sick, but now, my sick time has diminished from all the appointments I have had to go to for this work related injury. And now I am being told that by me having to take so much sick time, that could possibly affect my yearly evaluation. Is any of this legal?

Please help!
Thanks in advance!


Hi Lucy. Let me straighten this situation out for you. First of all, it is not legal for your employer to tell you that you have to use sick days for appointments and therapy. This is not legal because you earned those sick days, and I assume you get paid even when you use them. Your employer has to let you go to physical therapy and doctors appointments whether it interferes with their scheduling or not. They cannot fire you at any time while you are on comp, nor can they use it as an excuse to fail you at an evaluation. If the doctor writes you a note saying you cannot work or writes you a note for restriction of duties, your employer has to abide by that decision. My suggestion is that you consult with a workers comp attorney and he or she will let you know what all your rights are. Compensation attorneys only work on contingency and will consult with you even if you only need free advise. I myself have been on a comp related injury for the past 4 years, and my place of employment knows that they can't let me go from the payroll until the case is closed. Your employment should be very careful about what they are doing right now because they can face severe repercussions if they try to force you out because of a compensation claim. If you need anymore questions answered please let me know. I was a manager for a lot of years and dealt with comp all the time.

regards
mshannon


ROFLMFAO OH lordy Ms shannon pull that stick out of your back end and read up on things before you tell people things that may not be true.we have different rules in every state and boy howdy not many of them left that have to hold your job open for you,that is the reason we ask for people to tell us what state they are from.I would like to welcome you to our board,But caution you to look before you leap as to not give the wrong info to someone who is already hurting enough.
Okay gang ya think the zanax is working or do I need to up the dosage?

........I love cats, I just cant eat a whole one by myself......







 
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