I was hit by a hit and run drunk driver on 2/20, and have been out of work since then, suffering from a concussion and PCS.

My employer told me that I have to deplete all of my sick time AND my vacation time for the time I have been, which I don't get a lot of - 5 sick days and 2 weeks vacation.

On top of that, I feel the need to re-enter the work fray SLOWLY so as to not sllide backward. What I am feeling has been scary enough. I don't want to regress.

But if I work PT, but the end of 2 weeks I will be completely out of time and he will not allow "time off without pay". So any time after that - continuing to work PT - I will have to make up, which means 10-12 hour days down the road, which I don't feel capable of.

I have no disability insurance at work.

Also, my insurance company has informed me that I will get paid 75% of my lost wages through PIP. But to get that, I will have to take the time at work without pay, which my employer will not allow, because that then means he will need to let me take my 2 planned week vacations in May and Oct, and he doesn't want me out for 2 weeks plus the 7 days I have already been out. He cannot tolerate it when people don't work. He is the type that asks people to take their laptops home at night, on the weekend, and on vacation.

Do I need to find an employment lawyer? I don't know if I have a leg to stand on since everyone these days is an "employee at will". But I almost feel it borders on harrassment, since he allows our admin to take time off without pay whenever she wants.

Has anyone else experienced this? What did you do?

Yes, you need sound legal employment advice. Your employer is walking a very thin line. Keep a journal of all your employers comments. Try to communicate with your employer by letter or email so you have a good record.

It is valid that you have to be off without pay to get reimbursed for lost wages. Your employer is messing this system up with his demands.

You may have access to your state employment and labor department, possibly at the Unemployment Office, for answers to these questions. There are federal and state laws that regulate these situations. FMLA may give you rights.

What state/area are you in ? Maybe somebody can refer you to help or information.

My best to you.

I am in MA. Unfortunately not protected by the FMLA as the company is under 50 people.

Ugh.... I had to deal with similar crap.

I tried to return after 3 months without pay or they were going to fire me. I lasted 2 and half days.

However, my neurologist felt that my relapse had a lot to do with the stress my employer put me under in regards to my return, (my boss neglected to inform me he was missing documentation he needed for me to return to work adn then threatened to not pay me)

Anyway, after many arguments with my state's unemployment program, I was able to provide documentation as to what happened and that my boss had caused undue stress with exacerbated my condition, so I was at least able to file for unemployment benefits until those ran out.

But Mark is right, document everything! If you are unable, have a family member or friend you trust help you keep track of all the communication that occurs between you adn your employer/HR.

IMO you do not need a employment lawyer. You already know your employer does not meet the 50 employee clause. You need a good personal injury lawyer. Do you know who hit you in the hit and run incident? Talk to your doctor and determine with him/her if it is medically neccesary to take the time off.

PCS is nothing to mess around with. Think carefully, listen to your doctors and protect your health the best you can.

Thanks everyone.

The police arrested who they think hit me - they are 99% sure. I do have a personal injury attorney.

My employer backed down from telling me I had to deplete all my vacation and sick and couldn't take my planned vacations after I told him that I had an attorney, and is allowing me to buy back my sick/vacation time.

Under PIP buyback he gets paid, but was still complaining about how he would recoup my time out of the office (only 7 days, as I went back to work yesterday - although just part time - 4 hours/day).

He did subtly threaten me, though, warning that this was "my career" and I had to protect it, and that "any mistakes" and there would have to be action taken. Well, everyone makes mistakes. It is hard for me right now to concentrate, and I am constantly interrupted even though I shut my door and ask people not to disturb me so that I can concentrate.

I work in financial services, so do a lot of number crunching, which of course requires concentration, so of course this just adds to the stress.

Yesterday was my first day back, and it was hard - harder than I thought. It took me twice as long to do things that required undivided attention like computer work....

I see my neurosurgeon today who will evaluate my MRI after the accident and perhaps he will be more helpful than my neurologist has been...