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Lcky4me
08-15-2006, 09:00 AM
at my employer, there have been several employees that have requested off certain days and times for doctors appointments and each time we are told that we will need to reschedule. Some of the doctors appointments are very important and COULD eventually lead to a life or death decision. Is is legal for employers to do this?? it's happeneing at a financial institution where we are open from 8-6 M-F, and 9-1 Saturday. If we work on the Saturday, we get a 1/2 day scheduled for a day earlier in the week for instance I work this saturday and had my half day yesterday and worked 9-1. Well next week they scheduled THREE half days on Thursday and i'm supposed to have a doctors appointment in the afternoon but I am not allowed to have off and am expected to reschedule. Is this legal for them to do this?
Also, we are expected to have a doctor's note for EVERYTHING. I remember hearing somewhere that unless we are gone 3 consecutive days we are not required to provide a doctors note. is this correct?

cbg
08-15-2006, 09:19 AM
There is no law that prohibits an employer from asking for a doctor's note for less than three days UNLESS FMLA applies, and even then they may do so during the initial evaluation while it is being determined if FMLA is applicable to the situation.

Once FMLA has been approved, the employer may not ask for recertification (i.e. a doctor's note) more often than every 30 days. This applies ONLY to the condition for which FMLA has been approved; they may still ask for them for other conditions.

I'm having a hard time understanding what an employee who is in such dire medical straits that having a doctor's appointment during work hours is a life-and-death situation, is doing at work at all. In any case, barring some ADA situations, some FMLA situations and possibly some workers comp situations depending on state law (Elle may want to address that later) an employer has no legal obligation to allow an employee time off work to go to a doctor's appointment.

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