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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.