Can I be fired for going to my doctor’s appointments?

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Can I be fired for going to my doctor’s appointments?

I have worked for my employer for 4 years. I informed them I have to go to the doctor once a month at the time I was hired. I missed 2 days last week because I went to the emergency room and then followed up with my doctor. My mother who lives with me had to call in for me the day I went to the ER an when I was able I called my employer to let them know that I would have to go to my doctor the next day. Now my employer is telling me those are not excused and if I go to my next appointment I will be terminated.

Asked on July 14, 2016 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can be fired for missing work for medical appointments, including doctor appointments, and even if the employer previously let you miss work for them (what the employer did previously does not tie their hands or bind them). An employer is not required to let an employee miss work for medical reasons unless 1) the employer has earned, and uses, paid time off to cover all the absences; and/or 2) the company is covered by, the employee is eligible for, the issue, etc. falls under, and the employee actually uses FMLA leave for the absences. Otherwise, not missing work, even for medical reasons, is grounds for termination.


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