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Asked to punch out Pennsylvania

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  • Asked to punch out Pennsylvania

    I was injured at work today and was asked to punch out before I went to have x-rays! The reason given to me was so that they could track time and that I would be paid for this! Is that legal? What would have happened if I was in an accident on the way there? They said the same rules would apply if I were to be sent for a random drug test? Should I refuse to punch out if this happens again? I need to go for a follow up during work time on Thursday, Should I ounch out then?

  • #2
    Were you going to be returning to work folowing the XRays?
    http://www.parentnook.com/forum/

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    • #3
      Maybe not the same thing legally.

      29 CFR 785.43 - Medical attention.

      Time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee's normal working hours on days when he is working constitutes hours worked
      .
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        My question is was the OP excused for the day and told to get XRays? I wont claim I know but this might be important to his/her answer
        http://www.parentnook.com/forum/

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        • #5
          Time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee's normal working hours on days when he is working constitutes hours worked. .
          I think there are a few key words there... "on the premises", and ''at the direction of the employer"
          Whether or not you are "on the clock", wages for that day would be due.
          In the past, the only state I was aware of that mandated the ER to pay wages for time lost treating a work injury was Connecticut, (if an appt was scheduled during work hours) otherwise, the ER could require the IW to use PTO/Vacation time when leaving the job site to treat the injury.

          Apparently, there have been some changes in PA statutes.
          The reason given to me was so that they could track time and that I would be paid for this! Is that legal?
          This could be the ER's internal policy, for exactly what you were told..."to track time". All business's use some sort of ledger in accounting for monies they outlay. In the case of work injury, they track "wages" vs "paid time off". You didn't indicate the type of company you work for... if wages are charged to a specific account/customer, it makes sense track time.
          I need to go for a follow up during work time on Thursday, Should I ounch out then? .
          You follow the procedures your ER has in place. If you are asked to punch out... punch out.
          Not everything is "legal/illegal", as long as you are paid for your time, it doesn't really matter...does it?

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          • #6
            Punching out has as much relevance as telling you to wash your hands or sing "Twinkle, Twinkle, Little Star". if you are asked to punch out, you must punch out. You should be paid your full wages for the day of the injury per FLSA. Punching out doesn't mean you don't get paid. Most likely, it means that it is paid as sick leave/ vacation/etc. It should not be recorded as hours actually worked but it should be hours paid.
            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
              Agreed. Also, the time accounting requirements are on the employer, not the employee. The government is VERY clear that the employer is required to pay most employees past on actual hours worked. There are a huge number of court cases that make it very clear that the employer directly or indirectly faking up the time accounting records in no way alter the legal requirement to pay for time actually worked. Worse, the employer dummying up the records basically just trashed their "I made a mistake" defense. This is very much "black letter law". So very much agreed with the last answer.
              - Do what the employer tells you to do with time accounting records. Their records. Their responsibility.
              - But if your employer fails to pay you based on hours actually worked, talk to the employer. And if that does not work, file a wage claim.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Thank you very much for your answers, but an answer to one important question still remains unanswered! If I were to be involved in a vehicle accident on the way fo an employer directed appointment or medical visit while "off the closk" would I be coverd?

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                • #9
                  Originally posted by DAW View Post
                  Agreed. Also, the time accounting requirements are on the employer, not the employee. The government is VERY clear that the employer is required to pay most employees past on actual hours worked. There are a huge number of court cases that make it very clear that the employer directly or indirectly faking up the time accounting records in no way alter the legal requirement to pay for time actually worked. Worse, the employer dummying up the records basically just trashed their "I made a mistake" defense. This is very much "black letter law". So very much agreed with the last answer.
                  - Do what the employer tells you to do with time accounting records. Their records. Their responsibility.
                  - But if your employer fails to pay you based on hours actually worked, talk to the employer. And if that does not work, file a wage claim.


                  Thank you very much for your answers, but an answer to one important question still remains unanswered! If I were to be involved in a vehicle accident on the way fo an employer directed appointment or medical visit while "off the closk" would I be coverd?

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                  • #10
                    That is not the case here so why is this a concern?
                    http://www.parentnook.com/forum/

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                    • #11
                      Originally posted by clarks employee View Post
                      Thank you very much for your answers, but an answer to one important question still remains unanswered! If I were to be involved in a vehicle accident on the way fo an employer directed appointment or medical visit while "off the closk" would I be coverd?
                      depending on the specific details you could covered. on or off the clock has nothing to do with consequential injuries.

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