Can an employer require you to clock out for a doctors appointments that you have due to an on-the job accident?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer require you to clock out for a doctors appointments that you have due to an on-the job accident?

My fiancee recently had an accident at work resulting in 2 broken fingers. His employer is taking care of all the expenses. The doctor scheduled his follow-up appt during his normal work hours. When my fiancee went an asked his boss if they wanted him to take the company truck since he was still on the clock, they told him that they only pay him for his time missed at work when the accident first happened. Therefore for this appt he was required to clock out and miss an hour or so of work. Shouldn’t his employer be required to pay any missed wages due to medical appts made during work hours?

Asked on June 26, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, the employer is not required to pay for time when the employee is at a doctor's office, clinic, or hospital, even if the injury is work related. If the injury is work related, the employee may be entitled to worker's compensation or, if worker's compensation is not avaible, to sue (e.g. for lost wages, pain and suffering, medical costs)--that's his available compensation. However, he does not have to be paid when not working.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption