What are my rights if I have a medical condition which requires me to go to PT twice a week so I need 6 hours of time off weekly?

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What are my rights if I have a medical condition which requires me to go to PT twice a week so I need 6 hours of time off weekly?

My employer wants me to work a full work load – 12 home visits plus trainings and meetings, etc. in 34 hours in a week. They want me to use my sick time and not make up the 6 hours throughout the week. It is impossible to complete my workload in the time I can actually work. They say that they don’t want me to work off the clock. So Ive been scheduling everyone and I even went over by .50 hours and got into trouble for that. Now they’ve assigned a new home visit which is approximately a 50 minute drive each way.

Asked on October 21, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You have no right to miss work for PT or medical care. You have to either use paid time off (e.g. sick or vacation days) for it, or else use Family and Medical Leave Act (FMLA) leave, assuming that you are eligible for it and your employer is large enough (at least 50 employees) that they have to provide it. If you miss work without using PTO or FMLA, even for PT, you can be disciplined, demoted, have your pays reduced or pay cut, or even be terminated.


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