If we have an employee who has a non-work related injury, whatis the law on not paying him for the time he is unable to work?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we have an employee who has a non-work related injury, whatis the law on not paying him for the time he is unable to work?

We don’t have short term disability.

Asked on January 23, 2012 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, an employer does not have to pay an employee when he or she cannot work; therefore, in the absence of an employment contract or some insurance coverage providing for pay while disabled, you would seem to not have to pay this employee while he is unable to work. Indeed, unless your company is large enough to be covered by the Family and Medical Leave Act (FMLA) (at least 50 employees within a 75-mile radius) and the employee also qualifies under the act (worked for you full time for a year, more or less), and he takes time off pursuant to FMLA for his medical needs, you would not even seem to have to hold his job for him. (That's under federal law; some states have their own FMLA-like laws; even though those laws generally parallel FMLA, it would be advised to check your state's laws as well in this regard, to be certain of your obligations.)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption