Can my employer not allow me time off to get pre-natal care?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my employer not allow me time off to get pre-natal care?

I am 18 weeks pregnant. I informed my employer at 12 weeks and what my expected due date was. I have taken off the exact same amount of time for one previous appointment. For this appointment I sent in a request to my home office 6 days in advance with appointment information. I received a call from my supervisor stating I couldn’t take off just to go get vitamins. Can they legally keep me from getting prenatal care?

Asked on March 1, 2012 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

They are not legally preventing you from getting pre-natal care--they are refusing to allow you to be absent from work for this reason; you still can get the pre-natal care, but may not be able to work at this employer while doing so. That is, unfortunately, most likely legal: the law does not actually require employers to allow employees to take any time off for illness or medical care--unless, that is, the Family and Medical Leave Act or a like state law is involved, which I do not believe is the case here. (For example: FMLA allows qualified employees from covered employers to take time off for child birth or to take care of a newborn--but not for prenatal care.)

It is voluntary on the part of employers whether they provide sick days or make any accomodations for sickness or medical care, such as allowing even unpaid time for a doctor's visit. Since it is voluntary to do these things, employers are essentially free to set whatever policy they like--including not permitting an employee to go to a doctor's appointment during work hours, unless he or she has and is using a sick day for that purpose.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption