If we have an employee who has a non-work related injury, what is the law on not paying him for the time he is unable to work?

Question Details:

We don't have short term disability.

Asked 1/23/2012 under Employment and Labor | 43 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Employment and Labor Law Answers

As a general matter, an employer does not have to pay an employee when he or she cannot work; therefore, in the absence of an employment contract or some insurance coverage providing for pay while disabled, you would seem to not have to pay this employee while he is unable to work. Indeed, unless your company is large enough to be covered by the Family and Medical Leave Act (FMLA) (at least 50 employees within a 75-mile radius) and the employee also qualifies under the act (worked for you full time for a year, more or less), and he takes time off pursuant to FMLA for his medical needs, you would not even seem to have to hold his job for him. (That's under federal law; some states have their own FMLA-like laws; even though those laws generally parallel FMLA, it would be advised to check your state's laws as well in this regard, to be certain of your obligations.)

Related Employment and Labor Questions

Didn't find your answer? Ask.

AttorneyPages.com

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...