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To pay or not to pay Michigan

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  • To pay or not to pay Michigan

    Hi all,
    I have an employee who was injured on the job. His doctors appointments are generally durning work hours - he leaves for the appointment and returns. My question is: Should he get paid for those hours he is gone? Sounds kind of silly, but I can see it both ways.
    Thanks in advance.

  • #2
    The time would not be covered by the WC statutes. It is therefore up to your company policy whether or not you wish to allow him to take the time off without charging his leave time or whether you wish to treat it just as any other doctor's appointment.

    My employer requires that they schedule around work hours or use their own sick leave to cover the time just as though it were any other absence. We do make an exception if they are referred by our recommended physician to a specialist who is only available the hours they work. This is rarely the case as most doctors do have early morning or evening hours and most of my employees work schedules that would permit them to work around the appointments.
    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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    • #3
      Thank you, Elle!

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      • #4
        The day of the initial injury, if it is work related and occurred at work, we pay for their trip to the doctor. Any other appointments made otherwise are to be outside of working hours, or if that is not possible, they may make the appointment during work hours, but they are not paid for the time they are gone from work. That's just our company policy as there are no specific laws regarding this (In MN anyway). Hope this helps!

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        • #5
          And, if you direct the employee to a doctor, and that is within the regularly scheduled work day, you are required to pay for the time under the FLSA.
          http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.43.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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          • #6
            Just to clarify, there are no states (including CA) that require an employer to allow paid time off to seek WC related medical care. In all 50 states, it is up to the employer.

            The only time an employee must be paid for attending an appointment is when the appointment is at the request of the employer (such as an IME) and then it would be paid by the carrier, not employer directly.
            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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            • #7
              Whew! You had me worried for a minute there! So if the employer requires the worker to see a certain doctor, then the ee must be paid for their time there.... good to know! Thanks ladies!

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              • #8
                Wait a minute. It isn't that it must be paid if the employer indicates a particular doctor as many states do permit the company to choose the medical provider. Only those appointments, of which there are usually only one or two at most, that the employee is required to attend as they were requested and arranged by the employer and insurer must be paid. Then it isn't even the employer who pays, but the insurer who does.

                Time missed for regular medical care, evaluation, treatment, follow up or at the request of the employee or their attorney need not be paid, no matter who chose the care provider.
                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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                • #9
                  Originally posted by ElleMD View Post
                  Wait a minute. It isn't that it must be paid if the employer indicates a particular doctor as many states do permit the company to choose the medical provider. Only those appointments, of which there are usually only one or two at most, that the employee is required to attend as they were requested and arranged by the employer and insurer must be paid. Then it isn't even the employer who pays, but the insurer who does.

                  Time missed for regular medical care, evaluation, treatment, follow up or at the request of the employee or their attorney need not be paid, no matter who chose the care provider.
                  My friend, I'm not questioning you, but the FLSA link I posted specifically calls emergency treatment, during regular work hours, and directed to receive medical care or review, as "work hours". I just wanted to point out that there are some situations where the employer must pay. Am I missing something?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Sometimes the employer and insurance company should just do the RIGHT thing. If an employee is injured during the normal course of his work and it is undisputed, they should pay him for the time that he has take to attend medical appointments, etc. That's just the right thing to do.

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                    • #11
                      Originally posted by Pattymd View Post
                      My friend, I'm not questioning you, but the FLSA link I posted specifically calls emergency treatment, during regular work hours, and directed to receive medical care or review, as "work hours". I just wanted to point out that there are some situations where the employer must pay. Am I missing something?
                      I'm not talking about same day care, I'm talking about appointments for physical therapy and follow up after the date of injury. So, I'm not disagreeing with you, just talking about a different sitaution.

                      As for same day care, in emergency situations you are correct, the time must be paid. In less obvious cases, where the employee decides to leave to go home and rest or that they would prefer to get it checked out but it is more of a judgement call on their part, the time need not be paid. 99% of the employers out there just pay the day of the accident though as it is just administratively easier.

                      Stiffnecked- the problem isn't the employee who comes in an hour late once or twice after an appointment but the employee who schedules PT during their shift to get out of work. Like the second shifter who makes the 4 PM appointment when they had all day to do so. If the only time an employee can make the appointment is during work hours I agree with you and would cover it though it isn't required. However, when it is possible to schedule around work, I see no reason not to do so. It is not different fro man accident sustained outside work, which may also not be the fault of the employee. Like it or not, whenever an employee is away for part of their shift it causes a disruption.
                      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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                      • #12
                        For an accident or illness caused by non-work conditions I agree 100% they should try and schedule outside of work hours or use sick/personal leave time.

                        I guess where we will have to disagree is for an industrial accident. I just think it is disingenious to ask an employee to use his own personal time to take care of himself when the "injury at hand" was caused by said employment. I've been on both sides of this revolving wheel and we always took care of our employees. Sure it caused disruptions but in the case of genuine work related injuries it was the least we could do.

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                        • #13
                          Think we will just have to agree to disagree on this one. I can see where you are coming from and to some extent agree. I am curious how you handle contested cases or those who seek treatment without prior approval. It just isn't practical here, so I prefer to keep the policy the same for both work related and non work related instances and deal with exceptions for either on a case by case basis.
                          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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