Can a company require an employee to use personal time off for company directed activities arising from a workplace injury?

Including completing forms, doctor visits, therapy, QME exam, insurance interviews, private investigator interviews, etc.

Asked on July 2, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, an employer does not have to pay an employee for time that he or she is not actually working, including seeking medical attention for a workplace injury. (Though you may be entitled to monetary compensation through worker's compensation.)  This would include the doctor's visits, the therapy, and time spent on paperwork for medical care, etc.

However, activities for the employer's sole benefit, not yours, which you are required to do would be considered work, so if the employer (not your own health insurer) requires you to spend time with a private investigator or insurance examiner/investigator, you should be compensated for that.

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