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Lost time and I have to use my vacation!!!!

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  • Lost time and I have to use my vacation!!!!

    i injured my right ankle by falling off a cement step and into a shallow divet in the ground while at work. my ankle hurt but i decided that it probably was twisted and i would be fine. i did this on may 10, 2005 at approximately 1030am. at 130 pm it began to throb...anyway a supervisor insisted that i go to see the doctor and make sure that there was nothing seriously wrong. i did. my ankle ended up being nothing but a sprain, however there was a deviation on my xray that they could not quite make out---potential hairline fracture. so i return to the doctor's on may 17, 2005 at 3:30pm and he releases me back to wrok tomorrow 5/18/05. i then find out through my employer that i had to use my own leave time in order to be compensated and that they would not monetarily compensate me because i was not out over 14 days. is this right? i just feel that I am being ousted in some way???

    thank you and i look forward to hearing from you soon
    denised from New York State.

  • #2
    New York

    New York workers compensation insurance is not required to pay benefits until the the employee misses 2 weeks of work as a result of the injury. Even then, it will only be paid with time missing after a week. In your case, that isn't the case. So, the workers compensation benefit of pay for lost time of work doesn't need to pay you.

    As far as your employer paying you, they do not need to pay you unless it is there practice to pay all employees for time off of work due to any type of injury or illness.
    Lillian Connell

    Forum Moderator


    • #3
      What is the law in NYS about salaried workers and # of hrs required?

      I am told by my employer that I am "expected" to work 44 hours (this is only told verbally to all salaried employees - not in writing anywhere) - My paycheck shows that I am paid for 40.

      During busier times of the year (I work retail) - ie: Christmas, back-to-school, etc. we are told "all bets are off" and we have to work as many hours as we need to work to ensure our "job is done"... it averages out ot 50+ hours per week!

      Just recently, I took a day off for medical reason and I was told I had to either make up the day (we have no sick time through employer) or I would have to use a personal day. I have taken 4 days off for being sick before and was never told I had to make up the time...

      What recourse do I have (on behalf of me and the other salaried employees at my job) in both cases?

      Thank you1


      • #4
        Lost Time

        You have none as your employer's actions are legal.
        Lillian Connell

        Forum Moderator


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