What are my options now if I got hurt my back but have not received any formal communication from my employer other than been sent to the hospital and now I have returned to work?

UPDATED: Oct 1, 2022

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What are my options now if I got hurt my back but have not received any formal communication from my employer other than been sent to the hospital and now I have returned to work?

About 6 weeks ago, I suffered a back strain while at work. I was sent to the hospital to be examined; I was placed on reduced duties the following day after leaving work. The pain in my back intensified so I went to the ER where I was examined, X-rays were done and I was given medication. I was given 1 day sick leave from work, which meant that I should be away from work for a day. I handed in the sick leave to HR, however I have not been paid for the day and to add insult to injury, my reduced duty work time was changed from the shift I was on to a different time period.

Asked on December 2, 2017 under Employment Labor Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Sick leave: do you mean that you earned or accrued sick days? If you did, you must be paid for them: earning those days was part of your compensation (you worked to earn them) and you are entitled to the pay for them when you do use them. You could sue for any pay you should have receive for sick days you had earned but were not paid for when you used.
However, if you mean that you did not have earned or accrued paid sick days, but that your employer simply alloweed you to take a day off from work, they do not have to pay you for that: you only have to  be paid for absences from work when you use paid time off you had earned or accrued.
2) Shift: your employer is not required to give you reduced duty--you have to be able to do your regular duties, possibly with some reasonable "accommodation" or change in how you do it (or the provision of assistive device or equipment) which enables you to do *all* the important duties of your regular job. If you can't do your regular job, even with some reasonable accommodation, you may be terminated--the law does not make employers retain employees who can't do their jobs, even for medical reasons. If you can't do your job, as stated, the employer is not required to give you reduced duties, but is permitted to, if they choose; and if they voluntarily choose to do so, because it is voluntary for them to do this, they are allowed to give you whatever reduced duty they want--including different shifts or times.

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.

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