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

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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 3 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.


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