My husband works in a factory for a large manufacturing company. His particular plant has the best safety record of all the plants in the company... they're currently going on 400 days for no missed work injuries. His friend/coworker (I'll call him Frank) recently injured his knee at work. The injury was severe enough to require surgery. BTW Frank is from another country, he is a LEGAL immigrant and close to getting his United States Citizenship.

In order to maintain the no-missed-work record his manager requested that Frank use his vacation time for the days off needed for surgery and recovery. Frank complied and ended up using all vacation time and personal choice holidays. Frank is now back to work on "light duty" until his doctor approves "normal duty".

Since that time Frank received a call from the company's corporate headquarters. This person asked Frank a series of questions that seem more for the purpose of intimidation rather than gathering information. Frank was asked 1) Where he lives 2) If he has a high school diploma 3) If he has a college degree 4) Where he is from 5) What his status is and so forth. I was under the impression that the company would have that information on record OR would not be allowed to ask. The person then told Frank that they were cutting him a check for about $1000.

Though it was rotten for the manager to request Frank to use his vacation time to recover, he isn't concerned about that. What he is concerned about is the phone call and the check because he doesn't understand.

So my questions are 1) Is it legal for an employer to request an employee use his/her personal time off for an injury that happened at the workplace? 2) Would that phone call be considered intimidation?

Any information, resources, links would be hugely appreciated. I've been searching through the Ohio Revised Code, but it's tricky for me to navigate.

Thanks in advance for any help!

The employer did not act appropriately...by requiring the use of vacation, etc., they are trying to circumvent the workers compensation process. You can read about workers compensation in Ohio at: http://www.ohiobwc.com/

I'll check into retaliation for a work-related injury and post it here.

Addition: I couldn't find any mention of retaliation against those reporting a work-related injury. You may wish to call the state for confirmation.

Thanks for the link and your research time. I haven't found anything that could directly apply to this situation either. "Frank" is keeping my husband informed of any further developments and has been advised to document everything.

Thanks Again

~Juniper

The employer did not act appropriately...by requiring the use of vacation, etc., they are trying to circumvent the workers compensation process. You can read about workers compensation in Ohio at: http://www.ohiobwc.com/

I'll check into retaliation for a work-related injury and post it here.

Addition: I couldn't find any mention of retaliation against those reporting a work-related injury. You may wish to call the state for confirmation.
Dear Lillian:
It's very interesting what you said about ohiobwc web site. At my workplace, we don't have any sick days or vacation days separately from everything else. All of them are combined into Paid Time Off. We are also accessed "points" for calling off when sick, even if we have a doctor's note.
Annie

At my workplace, we don't have any sick days or vacation days separately from everything else. All of them are combined into Paid Time Off. We are also accessed "points" for calling off when sick, even if we have a doctor's note. All of which is perfectly legal. Many employers have moved to a PTO policy, lumping vacation time, paid sick or person time, etc. into one account. It also sounds like your employer has a "no fault" attendance policy which means no absences are excused (excepting those that fall under the FMLA.) Doctor's notes are a dime a dozen.

I do agree with Lillian that requiring your husband's co-worker to use his vacation and other paid time off violates State Worker's Compensation laws. The co-worker was entitled to indemnity payments from the employer's WC insurance carrier.