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time off for medical appointments California

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  • time off for medical appointments California

    Is is legal for my employer to deny me time off for medical or dental appointments? Am I required by law to gain approval for these appointments prior?? I put off an infected tooth which needed a root canal because my supervisor told me we were too short-handed at work. I work Monday thru Friday 8:30 to 5:15 with a 45 min. lunch. I was told mondays and fridays were out for appointments due to short staffing and thursdays were out due to shipment..( I work in a local Bank). That leaves tuesday and wednesday and my OB/GYN does NOT work Wednesdays. What am I supposed to do for my health sake?

  • #2
    Sorry, there are no laws that require employers to give employees time off for doctor's appointments unless those appointments relate to serious illnesses that are coved by the Family and Medical Leave Act (FMLA) or the state equivalent. Unfortunately, I don't think a root canal is going to be covered by FMLA. Visits to the OB/GYN would be if they were part of a series of regular visits related to a pregnancy; if it's an annual exam, it's not going to be covered by FMLA. If your doctor's visits are related to a disability, they might be covered by ADA but, again, routine exams are not going to be covered.

    Presumably, you would be using vacation time for these appointments. California does not require employers to give employees any vacation time. Any that is given is at the discretion of the employer, and the employer can set the conditions under which it can be used.
    I am not able to respond to private messages. Thanks!


    • #3
      I realize I may not be paid for these appointments but do I really need to ask for permission to take them??
      Seems to me an infected tooth could realistically become life threatening if put off for too long. Also, seeing the time constraints, can employers demand when you can and cannot make appointments??


      • #4
        I am not aware of any law, even in employee-friendly California, that gives you the right to simply announce that you will be leaving work for a non-FMLA and non-pregnancy related medical or dental appointment and which requires the employer to allow it regardless.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


        • #5
          I am also a little confused as to why you are seeing an OB/GYN for a root canal....

          Granted, I am no doctor, but....
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


          • #6
            I believe she is talking about two different appointments - she said medical or dental appointments. (Otherwise, I would like to know too - a little extra money on the side for the OB/GYN? )
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.