QUESTION
What can I do if my manager didn't pay me for my sick leave when he said he would?
Asked on Jun 04th, 2013 on Labor and Employment - Washington
More details to this question:
I had broken my hand at work, while trying to move heavy equipment, and had gone through surgery, including having a metal plate placed permanently in my hand. I am on Workman's Comp. I go through physical therapy for at least 45 minutes twice a week, and had never been docked for the time away from work going through treatment. On the last payroll, my manager told me to mark that time missed as sick time, saying that I would be paid for it, and I noticed on my paycheck, that I am missing a few hours of paid time. Isn't that illegal for him to do? What should I do?
8 ANSWERS
Workers Compensation Attorney serving San Bernardino, CA
at
Nancy Wallace, Attorney at Law
Update Your Profile
Schedule all physical therapy for non-work hours. Do not take time off work for doctor appointments or physical therapy. If the therapy company will only provide therapy during your work hours, find a new therapy firm on medical provider network. Several schedule physical therapy at 6am and 6pm. The Labor Code DOES NOT pay you for missing time from work for treatment; this is an Urban Legend. Some employers pay people for attending therapy during work hours, but this is a gift from the employer, it is NOT a requirement of the Labor Code.
Answered on Jun 06th, 2013 at 9:27 PM
You should speak with the attorney that handles your workers comp case. If you do not have an attorney, get one. Most do not charge just to talk, and often they can get the employer to pay their fee. As far as I know, the employer is not required, by law, to pay employees for sick pay, but there are some special rules for workers comp sick time.
Answered on Jun 05th, 2013 at 8:31 PM
Ronald A. Steinberg
Get a workers compensation attorney and file a claim.
Answered on Jun 05th, 2013 at 8:29 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You were never docked? You are ahead of the game aren't you? I assume you don't care about keeping the job either, so call the labor board and look for a new job maybe.
Answered on Jun 05th, 2013 at 8:28 PM
File a WCAB claim with the insurance company for temporary disability benefits rather than sick leave.
Answered on Jun 05th, 2013 at 8:28 PM
This is a workers, compensation claim. You should file a form 18 with the NC industrial commission. Go to this website for more instructions: http://www.ic.nc.gov/claimants.html.
Answered on Jun 05th, 2013 at 8:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
This is improper and you should counsel with an attorney to enforce your rights.
Answered on Jun 05th, 2013 at 8:27 PM
Thomas Edward Gates
If there is a written policy that one can get paid sick leave, then yes he owes you the money.
Answered on Jun 05th, 2013 at 8:27 PM