If I’m on medical release from work, can my employer consider my release absences and not pay me for the time off?

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If I’m on medical release from work, can my employer consider my release absences and not pay me for the time off?

I also asked to have the paperwork to file a FMLA so I can be paid for the time my doctor requested me to be off.

Asked on December 31, 2011 under Employment Labor Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have exhausted all paid time off that your employer allows per an employee-employer handbook or some contract with you and the employer, the employer is not required to pay you for time off from work where you are not working even if you have a doctor's excuse to be away from work.

This is the law in all states. Whether you are entitled to compensation for your time away from work for disability or worker's compensation would be best addressed through those governmental entities in charge of those types of benefits.

 


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