Legal Question in Employment Law in Florida
Can an employer deny overtime pay (already worked) if the employee calls out a day on Workman's Comp after getting injured in a fight trying to take someone into custody? (A law enforcement officer, obviously). The Ofc worked OT on a previous day, got slightly injured in the fight, and was out only 1-2 days. He then learned the City denied his previously worked overtime pay claiming his Workman's Comp would be considered "sick" time - even though the CIty told the officer he does not lose any of his sick time on the (so in that area it isn't counted as sick time). Isn't Workman Comp time paid by Workman Comp insurance? The City has nothing defining this as sick time, this is just one individuals (HR Dept) interpretation. They are not denying the Ofc the Workman Comp days being paid, but they are taking away his overtime - that is the issue we are disputing - especially since the Ofc got injured fighting a person who was beating on other people. This can't be right. Thank You.
1 Answer from Attorneys
depends on the terms of your contracxt.
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