What is y recourse if I was stabbed in the chest outside of work which resulted in hospital stay and now I’m being harassed and bullied by one of my bosses for needing time off?

UPDATED: Oct 1, 2022

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What is y recourse if I was stabbed in the chest outside of work which resulted in hospital stay and now I’m being harassed and bullied by one of my bosses for needing time off?

I was stabbed in the chest on a Friday night, off of work, which resulted in me being sent to a hospital for overnight stay. Now I am being harassed and bullied by my boss for needing the allowed time off to heal properly for the punctured lung that resulted from the injury. The wound itself is through my left pec muscle which one between the ribs and into my lung. This was only 2 weeks ago. I have been recievig harassment from a boss,in regards, to taking days off from work in order to allow the wound to heal properly. I’m trying to figure out if this is against laws and what the actions against me really are as far as a legal stance.

Asked on December 2, 2017 under Employment Labor Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are only legally entitled to time off from work for medical reasons if:
1) You have and use sufficient paid time off (PTO) days, like sick or vacation days, which you earned or accrued for your time off; or 
2) Your employer is covered by the Family & Medical Leave Act (FMLA), which means it has at least 50 employees within a 75-mile radius, you are eligible for FMLA leave (worked there at least one year; worked at least 1,250 hours in the past year), and you use FMLA leave (which is unpaid, by the way) for your absence.
That's it: except when using PTO or FMLA, you have no right to miss work for medical reasons, and your employer may "harass" you about when you are coming back--or terminate you for not coming back to work when they want.
If you are using FMLA leave and they are harassing you about using it, contact the department of labor to file a complaint. If you use PTO for all your absences and they retaliate against you for using it, you could sue them.

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.

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