Can they make go back to work even though my dog bite wound is not healed?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can they make go back to work even though my dog bite wound is not healed?

I work at a non-kill shelter when one of the dogs got loose I got the color around the dog and he turned and bit me several times in my wrist and my forearm this was 2 weeks ago. The wound is still is not healed but they want me to go back to work. The owner stated to me that she would pay me for my time off but she has only pay me for a half a week; I’m going on 2 1/2 weeks with no pay. The dog was turned back to his original owners. I just found out the dog was not up on his shots. The owner stated to the hospital emergency room that we were chasing a stray dog so Animal Control would not show up at her place of business.

Asked on August 28, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you don't have paid sick leave or other paid time off (PTO) to use to stay out, and are not eligible for unpaid Family and Medical Leave Act (FMLA) leave (note: FMLA leave requires that your employer have at least 50 employees within a 75-mile radius; also that you worked there at least one year and worked at least 1,250 hours in the past year), then if you do not return to work, it will be an unauthorized absence. There is no right to miss work unless you use PTO or FMLA leave. If you have unauthorized absence, you may be terminated for it, even if you have an as-yet unhealed injury (being injured does not, by itself, let you miss work). You have to decide if you are willing to risk termination.


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 lock Secured with SHA-256 Encryption