If I was in an auto accident that forced me to be unable to work for 2 days with a medical excuse because of the injury, can I be punished by my employer?

I was rear-ended taken to hospital and was told not to return to work for 2

days due to the injury. I missed 2 days of work but had the medical excuse from

doctor. My employer is punishing me for those 2 days.

Asked on September 21, 2016 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless you had and used paid time off (PTO), like sick or vacation days which you had earned, to cover the absence, then you may be punished by your employer. The law does not give employees the right to miss work, even for medical reasons or per a doctor's advice, unless they use PTO or are eligible for and use FMLA leave (but FMLA leave only becomes relevant, even if your employer is large enough--at leat 50 employees--when you have at least a three-day absence). Since you have no general right to miss work without using PTO or FMLA leave, your employer may take action against you for this.


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