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MS Worker's Comp and Lost Time

gonealgoneal 24 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
If employee's treating physician has recommended that employee have OT visits, how is their "lost time" treated? Should employer pay their time out of office for these visits at their "regular" wages, or should they use their "pto" or go "unpaid" until they reach a certain amount of hours?
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  • 4 Comments sorted by Votes Date Added
  • Peyton Irby MSPeyton Irby MS 139 Posts
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    i am not sure what you mean by OT visits. normally, when an hourly employee goes to a doctor, they clock out and use available sick leave.
    Peyton Irby
    Editor, Mississippi Employment Law Letter
    Watkins Ludlam Winter & Stennis, P.A.
    (601) 949-4810
    [email]pirby@watkinsludlam.com[/email]
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  • marcmarc 3,126 Posts
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    We also treat it as sick leave for non-exempt positions. Exempt ees do not count it unless they are off for at least 4 hours, at which time, they use sick leave.
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  • LindaSLindaS 1,510 Posts
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    Based on the title of the post, I'm assuming you are talking about a work-related injury and if so you cannot require them the use PTO time for time missed due to a medical appointment (at least not here in WI). In addition, if an employee has missed the requisite number of days wherein the WC is paying TTD payments, any additional missed time would either be paid by you, or the WC carrier (again, here in WI). So to keep our WC down, we elect to pay the EE their regular wages for time missed due to Occupational Therapy (or physical therapy) appointments.
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  • Don DDon D 9,834 Posts
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    You are also at liberty to tell the employee that you expect them to work around their normal shift hours by going for physical or occupational therapy before or after they come in to work. Not to take an absolutely hard line, but these places are open all over town at odd hours to accommodate patients who work.
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