What to do if my father was injured at work and his employer refuses to pay him for thedays thathe was out?

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What to do if my father was injured at work and his employer refuses to pay him for thedays thathe was out?

My dad was injured in his job by a co-worker. He was pinned to a wall with a golf cart and now he is complaining about his back and leg. He missed 5 days of work and they refuse to pay him those days.

Asked on January 5, 2012 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fact is that an employer is not legally required to provide its employees with sick time (the state of CT being the only exception). A a general rule, sick days, vacation time and paid holidays are discretionary benefits. This means that an employer may or may not choose to provide them. To the extent that it does, it can dictate the terms on which it is provided. In other words it can decide when and how they are to be given.

So I'm afraid that unless company policy provides for paid sick time or not giving such time violates the terms of an employment contract or union agreement, or it in some way constitutes actionable discrimination, your father's employer is not requited to pay him for the days that he was out.

However, under the circumstances, your father may have rights under state workers compensation law. Check with his state's department of labor.


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