Can an employer require you to clock out for a doctors appointments that you have due to an on-the job accident?

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Can an employer require you to clock out for a doctors appointments that you have due to an on-the job accident?

My fiancee recently had an accident at work resulting in 2 broken fingers. His employer is taking care of all the expenses. The doctor scheduled his follow-up appt during his normal work hours. When my fiancee went an asked his boss if they wanted him to take the company truck since he was still on the clock, they told him that they only pay him for his time missed at work when the accident first happened. Therefore for this appt he was required to clock out and miss an hour or so of work. Shouldn’t his employer be required to pay any missed wages due to medical appts made during work hours?

Asked on June 26, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, the employer is not required to pay for time when the employee is at a doctor's office, clinic, or hospital, even if the injury is work related. If the injury is work related, the employee may be entitled to worker's compensation or, if worker's compensation is not avaible, to sue (e.g. for lost wages, pain and suffering, medical costs)--that's his available compensation. However, he does not have to be paid when not working.


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