Can my supervisor tell me what days I can make doctor’s appointments on?

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Can my supervisor tell me what days I can make doctor’s appointments on?

My supervisor has made me cancel an appointment and told me that I cannot make doctor appointments on Mondays. Is that legal?

Asked on October 24, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, this is completely legal. A company has the right to set the hours and days of employment. It does not have to let employees take time off during work hours for doctor's appointments unless and only to the extent the employee uses FMLA leave--which is unpaid--for the purpose. Employees are hired to do a job; the employee does not have a right to be elsewhere during the hours he or she is paid to work.

If the company has at least 50 employees within a 75 mile radius and you have worked there for around a year, you may be able to take Family and Medical Leave Act leave for a doctor's appointment or other medical issues. ("Google" Family and Medical Leave Act to see the exact requirements.) If you and your company are both covered under this, you should be able take the unpaid leave to schedule a doctor's appointment for when you want. The company would not legally be allowed to retaliate against you for this, though assume it could damage your relationship with them.

The other option is schedule the appoint before or after work, or on a weekend.


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