Auto insurance reimburses lost time at work, HR refuses to complete form?
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Auto insurance reimburses lost time at work, HR refuses to complete form?
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Assume the following facts:
Person gets in auto accident, his fault, and misses work the next day for 6 hours for a medical evaluation (he is paid by the hour). His insurance company reimburses for lost wages from work for this purpose, and they provide him with a form that his employer's HR must complete, indicating hourly wage.
His employer refuses to complete the form for the insurance company. They cited no reasons for their refusal.
The week that he missed work, he did work 40 hours. However, he habitually works works 5-10 hours of overtime during a given week. Because of that, he did lose out on potential wages.
MN law applies.
Are the employer's actions appropriate? As a matter of law, what principles apply that support the employee compelling the employer to complete the form. Likewise, on what grounds does the employer invoke in refusing the complete the form.
Thanks!
Additional Details
The insurance company is willing to pay the lost wages, and just needs the form completed. It doesn't cost the employer anything.
I believe this would fall under the personal injury protection provisions of liability coverage. Does the employee actually have to expend vacation/sick/PTO hours to qualify?
I understand conceptually that insurance is just to make one whole, not provide additional benefit, but if there is substantial evidence that the employee is expected to work 45-50 hours per week, on what grounds does the employer stand when refusing to fill out the form in a week that the employee only worked 40?
I'm not saying that the employer is wrong, I'm just looking for someone to point me in the legal framework that governs this situation (and perhaps a little explanation).
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michr
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neither federal law or Minnesota law requires an employer provide this information. they are required to maintain certain payroll records and make personnel files available for the employee on request. the employer is required to provide on each pay stub certain information that would easily satisfy the needs of the insurance company.
there is nothing in law that the employee can refer to that would compel the employer to provide the information.
the company has provided the needed information on each pay periods pay stub.
is this a wise decision? questionable
but if the company has a policy to not provide this information then they should follow their policy. many companies don't have the extra staff or time to dedicate to this type of extra work, some companies do. if a company can do this it is probably appreciated by some employees but most never would have need and certainly wouldn't see the "service' as an employment benefit. |
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Jonathan B
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It sounds like the HR department acted appropriately, although I certainly understand your point of view. Even though you typically work 5 to 10 hours of overtime, your employer can't say that you were required to work those hours. . . |
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leysarob
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I can't believe an HR Department would behave like this. It's a shame they won't simply do the paperwork required.
I don't believe they are doing anything illegal, just not serving their employees very well. |
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