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Paid for Dr. Appointments Colorado

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  • Paid for Dr. Appointments Colorado

    Hello,

    I have developed tendonitis in one of my wrists due to repetitive motion on the job. The doctor has instructed me to go to physical therapy three times a week. My employer has informed me that I have to take PTO or make up the time. (I'm an exempt employee).

    Is my employer correct in not having to pay me for time to go to the doctor and physical therapy even though it is an injury sustained on the job?

    Thank you,

    Kim

  • #2
    Are you on intermittent FMLA? If so, you can even be docked pay for doctors appointment related to the FMLA-qualifying event. The employer may require that you use PTO time to attend physical therapy even if it is a Work Comp claim.
    http://www.dol.gov/esa/regs/compliance/whd/1421.htm#4

    If the employer is not subject to FMLA, or you or the medical condition does not qualify, the employer must pay you your full day's salary when you work a partial day. However, in either case, the best idea is to schedule the appointments so you miss as little work as possible.

    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.118.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Your employer is not required to allow you any more time off work because it is the result of a WC claim than if it was the result of an off the job injury. Likewise, the carrier is not required to reimburse this time as lost time.

      The only lost time the carrier is required by law to compensate you for is attendance at any doctor's appointment they require, such as an IME. Your employer may still charge you PTO for this time if they choose.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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