Worker's Comp and Dr. Appointments

njjel

If an employee is out on w.c. and then returns to work and has to has physical therapy, do you pay the employee for the time they are at the physical therapy session? I saw some info that says we need to do this.

dbutton111

We don't. We report their missed hours to our WC carrier. If they miss enough they could be eligible for pay from the carrier. We only pay for the first day.

check your state regs though, there could be something there.

njjel

I just got a copy of the update. Copeland v. ABB,Inc., 8th Circuit Court 3/27/08 says the the employer must pay hourly worker for time spent in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee's normal working hours or days when he is working constitutes hours worked. However if the employee schedules the appointment his/her self it is not an issue. CHeck the case cited.

HRQ

[url]http://www.hrhero.com/nl/aremph.shtml[/url]


I don't have time to read it all the way through right now, but the May issue of the AR Empl Law Letter from our friends at M Lee Smith included an article on this case.

Irie

The way I interpret this is that if the employer or its representative schedules the appointment during working hours then you must pay the employee.

However, if the employee schedules the appointment during working hours it is not compensable and the employee would have to take PTO if they wish to get paid.

Interpretation correct?

HRQ

That's how I interpreted it. I forget the FLSA terminology, but I think it has to do with who is controlling the employee's schedule. The employee or the employer?

It's not so much a w/c issue, it's a schedule controlling issue.