Can employer demand use of sick/vac days for work related injury? on restricted duties, but suffering in pain!
Question:
Answers:
As long as the doctor gives him work restrictions, and the employer says they can accommodate the restrictions, then he has to show up for work. Your husband needs to make it clear with his employer what his restrictions are because they do need to adhere to this. Any time off would be subject to whatever rules there normally are for taking time off and it would be his own sick days.
Recommendation:
He needs to tell the Claims Administrator exactly how and why he cannot work the modified job his employer has him doing. Given the restrictions the doctor issued, it doesn't seem reasonable that he can continue to work as a Custodian because everthing a Custodian does involves at least "squatting, bending, repetitive motion, and walking long distances". He then needs to tell the Claims Administrator to authorize another examination with the doctor because of the pain he's in. He then needs to tell the doctor that he's still working beyond his restrictions (if that is the case). He then needs to ask for an ortho consult. If that is denied, then he needs to look into his right to elect a new doctor. (In California, injured workers can elect a Primary Treating Physician after 30 days.)
I don't know the answer to your question, but is there is a Custodian's Union, similar organization, or ombudsman that works with school district employees that your husband might be able to get help from? Or a worker's compensation attorney in the area?
they can try but no they can not force you to use sick days if it happened at work they are liable for your time off. But under a workmans comp claim they only have to pay you 66 and two-thirds of your regular pay contact a lawyer and they will tell you the same
Most employees make their own rules their is no state regulation,they even choose their own workmans comp company to work with.It sound to me like your husband was misdiognosed and sent back to work way too soon,Have him go to a specialist(the best one in your area) as you have a right to a second opinion with any workmans comp case,see what that doctor says,If his employer keeps giving him a hard time contact an attorney as they have to abide by the laws governing workmans comp.W\ish Him Luck,and try ice with intervals of heat for that injury.
the labor code protects employees for his health and welfare... he can use his sick day definitely if he still has the allowance allowed by the company... it is his right!
yes, they did that to me, my back was killing me and made me do office work, which was even worse!
Simply call the wage and labor board. They will know what is legal for your state and county. If they do not know right away, they will soon. If you get a good person, they will go at it like a bulldog and the school, unless they want a fight, will back down. I work as a bus driver and I know that I can use my sick days however I want. He also needs to speak with his doctor and ask about the duties he is performing and ask if they are appropriate for his injury. Take care!
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