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Allen M., Esq.
Allen M., Esq., Employment Lawyer
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Experience:  Employment/Labor Law Litigation
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In brownsville texas - If an employee gets hurt outside work

Resolved Question:

In brownsville texas - If an employee gets hurt outside work (job) during a weekend, is the company obligated to pay employee payroll as a sick leave?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Does the employer have a sick leave policy? Does the employee have sick leave saved up?
Customer: replied 1 year ago.


yes, according to the employee manual, all employees have 5 days during the year for sick leave. he has not used them.


but employee was involved in a car accident and he will be out for 3 weeks.

Expert:  Allen M., Esq. replied 1 year ago.
Ok. How long has the employee worked there and how many employees does the employer have?
Customer: replied 1 year ago.


8 years and we have 57 employees.

Expert:  Allen M., Esq. replied 1 year ago.
Ok. So, your company is subject to FMLA.

Does this person have regular vacation saved up too?
Customer: replied 1 year ago.


no he already used up his vacation. what is FMLA?


 

Expert:  Allen M., Esq. replied 1 year ago.
FMLA is the Family Medical Leave Act. It applies to any employer with 50 or more employees within a 75 mile radius.

If you have 57 employees it applies to you.

Now, all it does is grant an employee the right to up to 12 weeks of protected medical leave for serious health conditions. They don't have to get injured at work for that protection to exist.

So, the employee's job would be protected while they are gone. That leave is unpaid, but the employee or employer can choose to use sick leave or vacation that is accrued simultaneously with the FMLA leave. So, if the employee has 5 days of sick leave available, you can pay out those five days during the three weeks of time off.

The second two weeks would be unpaid, but protected (meaning that you have to hold the job and allow them to return).
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15770
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 6 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


ok. but if the employee was DUI are we still obligated to hold his job for 12 weeks?


 

Expert:  Allen M., Esq. replied 1 year ago.
You didn't say that he was injured due to a DUI in your original question. That would have been useful to know.

If you want to, you can terminate the employee based on out of work misconduct. You have to make clear that the basis for termination is not his injury or his absence, but rather, that your company holds its employees to a higher standard and will not tolerate DUI's.

Now, understand what that obligates your company to. If others get DUI's and you do nothing to them, then what that looks like is that the DUI really isn't the issue for you, but rather, having to hold a job for someone under the FMLA.

So, it's all or nothing. You can fire the person if you are willing to deal harshly (perhaps not termination, but something) for every DUI that you become aware of, as it pertains to your employees.

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