Can my dentist refuse to excuse me from work if I’m unable to do my job?

I have major pain from wisdom teeth and have surgery scheduled in 4 days. I’m unable to work until after the problem is fixed.

Asked on September 5, 2017 under Malpractice Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The dentist has no power or authority over your employer or your job. And the law does not generally provide any right to miss work for medical reasons, except:
1) If you have paid time off (PTO), like sick or vacation days, which you earned, you may use them for the absence.
2) IF your company is covered by FMLA (at least 50 employees within a 75-mile radius), you are eligible for FMLA (worked there at a least a year; worked at least 1,250 hours in the last 12 months) and you use FMLA leave, you can be out (on an unpaid basis) for medical care or to recover.
Other than as the above, however, you cannot miss work; if you do, you may be terminated.


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