Can my supervisor request appointment info from my daughter’s appointment to verify that I am taking her to the doctor?

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Can my supervisor request appointment info from my daughter’s appointment to verify that I am taking her to the doctor?

I asked for a day off because of my daughter’s inmunizations; she is 10 months. My boss is requesting the nfo so I can have the day off. Is that legal?

Asked on December 1, 2011 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is perfectly legal. Employers do NOT need to provide employees time off for medical care (their own or their families), unless the employer and employee both qualify to be covered under the Family and Medical Leave Act (FMLA)--the employer would need to have at least 50 employees within a 75-mile radius, and you would need to have worked there for at least a year.

However, even under the FMLA--and certainly if the employer chooses voluntarily to let you take the day off--the employer is entitled to ask for proof or evidence that you actually used/needed the time for medical care; they do not have to take you at your word.

Note that if the employer or you are not qualified under FMLA, the employer could refuse to let you have the time, and terminate you if you miss scheduled work.


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