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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I think you answered my question/situation from yesterday at

Customer Question

Hi!! I think you answered my long question/situation from yesterday at any rate I signed in to read what you wrote , as I know the other attorney yesterday did not understand my situation as I has been So... frustrated that I made a mistake regarding not being paid while I have been unable to return to work until my primary M.D. authorizes my return to work, and to add too my problem the chain of custody urine tox. screen that I took @ employee health was not accepted by my supervisor ,it was done a split specimen by a male A.R.N.P. ,on 07/30/15 @ 1655, as I was sent home that day and thought that doing a drug screen it would expedite my ability to return to work, I was called on 07/31/15 by my director /supervisor and was told that I had to come to H.R @1430 to have a conference,I informed my director that I took a urine 10 panel tox. screen @ that time.I went to the conference @ h.r. and was extremely anxious and met with the director of H.R. and 2P.A.C.U. directors and they told me that I was speaking with deliberate and I informed that I was very nervous and anxious,I was told that I had to take another urine 10 panel tox. screen which I did on 08/03/15,I am still waiting results and have called employee health several times as I take meds for migraines and medication for anxiety,I have RX. for these meds. I living in FL. and really cannot understand why I am not being paid something as I cannot afford all this time waiting!!! Any help would be greatly appreciated.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Please permit me to assist you with your concerns.
I am genuinely sorry to hear that you find yourself in this situation. I am, however, unclear as to your question--are you asking as far as how to push the employer to provide you a faster response?
Customer: replied 1 year ago.
MY question is they sent me home on July 30,2015 and I came to H.R. on 08/03/15 and had a conference with head of H.R and 2 directors who sent to employee health nurse to give a second urine specimen. I was told that I would be paid but than was told I did not have P.T.O. time as I just came back from vacation ,I was told to see my primary M.D. who I saw on 08/05/15 and she asked me why was this
not under workers comp. as I could have had a stroke or some other medical issue that could have triggered this symptoms. I want to know do I have any rights in recourse for being home for almost 3 weeks with no income???? Thank you LL
Expert:  Attorney2020 replied 1 year ago.
What state are you located in?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi and thank you for your follow-up.

LL,

Did you formally request medical time off? Or did you take time off on your own? I ask because that is somewhat critical here--if you requested medical time off, you can then claim that this was medical leave and seek worker's compensation. but if you simply took time off, did not explain why, but went to seek the time off without explanation, the employer is not responsible to pay you for your time.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
I LIVE IN FLA. my employer told me that I could not return to work until I was cleared by my primary M.D ,I saw her 08/05/15/ and she went on vacation until 08/18/15 today T the appointment she asked what happened as I seormal and if they thought I was not acting properly that should have sent to the E.R. and be checked , that is why on 07/30/15 I went to employee health to give a urine tox.screen and the employee health nurse was out of town and another A.R.N.P. accepted that specimen.I had a meeting/conference in H.R. and was told by the director of H.R. I would be paid,but then I was told I have no more P.T. O. hours to get paid, So... I am asking is there any recourse or get for sitting @ home for almost 3 weeks trying to get this cleared up0 I finally found out 08/17/15 that I passed my urine tox. screen, I must get back to work and am frustrated that thius has been a very long process. any help wo9uld be appreciated. Thanx,L.L.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

The answer is not really favorable, so I ask that you do not blame the messenger. There is no law that entitles an employee to be paid when out on leave. The way that works is in this manner:

1. If there is a contract in place that entitles you to some sort of paid leave while on investigation, then you get paid.

2. Also, if you are union, or if there is an employee handbook that entitles you to such paid leave, you can demand payment.

3. Otherwise, if you are not working, you are not entitled payment but after a week or 5 business days of not working, you can alleged 'constructive termination' and seek unemployment benefits from the state. But if you do that, the employer can claim you resigned and does not have to hire you back.

I wish I had better news, but you cannot compel them to pay you at this time.

Sincerely,

Dimitry, Esq.