Legal Question in Workers Comp in California
This is a follow up to the question below:
I work for a major telecommunications company and was injured. The company doctor is requiring me to attend physical therapy 3x a week for two weeks. I work in a call center and the doctor advised my employer to "take 10 min. prodictive break every hour and do alernate work". My employer advised that they do not have alternate work and instructed me to clock out during that time for an unpaid break. I asked who will pay me and my employer advised me that I have to meet minium time allotments with workers comp in order to get paid. I was also advised that the therapy sessions and follow up doctor appointments cant be during work hours and I have to schedule those on my own time. The employer advised that the office is open 24/7 but I explained that all services are not open.
***Follow Up***
I have been told by HR that this indeed is legal, what are the next steps because this is stressing me out. I am not going to get paid for the unpaid breaks and if for some reason I miss the break because I am on the phone, I have been told I will forfeit the break altogether. Therefore not getting the extra break.
1 Answer from Attorneys
Did HR tell you on what basis they deem this legal? Demand that they cite cases or laws making you have to take non-work time for medical treatment. They will not because they do not know the law, which is not unusual. Speak to the WC carrier and make the same inquiry of them and demand; if they still tell you you are wrong demand to speak to the senior attorney in that office. Point out that you can file for a penalty. What did they say about the minimum time allotment?
If you still have problems give me a free call at 510-441-2684.
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