Originally Posted By: NMBurb02
Originally Posted By: Nederlander75
This is typically legal in most states. The employer also has options to specify a leave of absence with pay if vacation or pto Is available or unpaid if not or put them on short term disability if they have that benefit. One other option is to layoff the employee with a scheduled recall similar to auto workers.
No, it is not legal in any state to require employees to take paid or unpaid leave to recover from a work-related injury. Every state (with very few and specific exceptions) requires employers to maintain workers' compensation insurance, which pays for medical bills, lost wages, and permanent disabilities resulting from workplace injuries. Every state has something similar to the link I shared, which explains employer and employee responsibilities for workplace injuries.
The employer can keep the employee from returning to work if they cannot accomodate her doctor-prescribed work restrictions but cannot require her to use sick time. Each state has a waiting period before lost wage compensation (through the workers' compensation insurance program and at 66 2/3% pay in most states) kicks in and PTO/sick days can be used to provide income during that waiting period or if the period is not exceeded, but the employer cannot require such. And they cannot fire her for taking time off that is medically necessary due to a work injury. There may be some things later on down the line (usually months into missing work) that they can cut off benefits and do other things, but her position normally must be made available to her upon her return unless the position itself is eliminated in the meantime.
Originally Posted By: Nederlander75
This is typically legal in most states. The employer also has options to specify a leave of absence with pay if vacation or pto Is available or unpaid if not or put them on short term disability if they have that benefit. One other option is to layoff the employee with a scheduled recall similar to auto workers.
No, it is not legal in any state to require employees to take paid or unpaid leave to recover from a work-related injury. Every state (with very few and specific exceptions) requires employers to maintain workers' compensation insurance, which pays for medical bills, lost wages, and permanent disabilities resulting from workplace injuries. Every state has something similar to the link I shared, which explains employer and employee responsibilities for workplace injuries.
The employer can keep the employee from returning to work if they cannot accomodate her doctor-prescribed work restrictions but cannot require her to use sick time. Each state has a waiting period before lost wage compensation (through the workers' compensation insurance program and at 66 2/3% pay in most states) kicks in and PTO/sick days can be used to provide income during that waiting period or if the period is not exceeded, but the employer cannot require such. And they cannot fire her for taking time off that is medically necessary due to a work injury. There may be some things later on down the line (usually months into missing work) that they can cut off benefits and do other things, but her position normally must be made available to her upon her return unless the position itself is eliminated in the meantime.
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