Q: I had a injury at work and am seeing Dr. 's .. Do I go to these appointments on my time or on company time?
I'm asking because my employer told me I have to go on my time ..
A: The choice is up to you. Please note however, that if you take time off work to go to the medical appointments, the WC carrier is not required to provide you with wage loss, so if you are in a tight financial situation it would be best to go on your own time if possible.
A: Sadly YES the employer is correct, you are NOT PAID disability payments for going to medical appointments. THE SOLUTION: CHOOSE a treating physician from the insurer's Medical Provider Network -- the MPN -- that will set your appointments before or after work. If the provider you are seeing now sets an appointment during your work schedule TELL THEM 'NO' YOU CANNOT ATTEND at that time, that you cannot afford financial losses to go without income during medical appointments, and you can only attend appointments at times when you are off work.
In California, as of July 2015, employers are required to offer limited Paid Sick Leave (PSL) to most employees.
PSL information may be accessed here: https://www.dir.ca.gov/dlse/paid_sick_leave.htm
For public policy reasons, injured employees are not typically paid disability benefits for the time it takes to visit treating doctors during a regularly scheduled working day. However, employers are able to offer Paid Time Off or Vacation Pay as an added incentive to employees. It is not a requirement for employers to offer Paid Time Off (PTO) or paid vacation, but many do offer it to employees. Check your wage statements to see if there is mention of PTO or Vacation Pay.
With regard to PSL, PSL may be taken in as little as 2 hour increments in many cases. That might be all the time it takes to visit a doctor. It is best to check with your Human Resources department, union representative, or Employment Policy Manual / MOU / Union CBA for more information.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.