Does an employee have the right to take time off work for a doctor’s apointment without it threatening their job?

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Does an employee have the right to take time off work for a doctor’s apointment without it threatening their job?

Asked on September 10, 2011 under Employment Labor Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends. If you have sick time or personal time off or vacation time you have earned and you take off for a doctor's appointment using one of these paid time off options, then it should not and cannot legally impact your employment status. However, if this is a result of disability and Family Medical Leave Act unpaid time off, if it is more than three months in any calendar year, you can run into a situation wherein your employer can consider you being off for too long and would not be required (usually after three months) to keep your job open for your return. If you meet the former category, consider informing your personnel department that your employer cannot hold it against you for taking paid time off with notice to go to a doctor's appointment. You need to also inform the department of labor in your state and the Equal Employment Opportunity Commission that it should consider an investigation of this employer.


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