Is it legal for an employer to deny you having days off for medical reasons?

UPDATED: Sep 29, 2022

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Is it legal for an employer to deny you having days off for medical reasons?

I recently asked for a day off to take my soon to be 1 year old to her doctors. I was told because it’s an unpaid day which I had to take because I have no vacation time left that my manger has the right to deny any unpaid day off. However, she will approve vacation days, which is a lie because I put in for a vacation day and that got denied. I also had a doctor ‘s note one time to be out for 3 days because I sprained my ankle and almost lost my baby at 5 months pregnant. They said they didn’t have to accept the note because I didn’t hurt myself while on the clock. I really need some advice I don’t know where yo turn at this point.

Asked on August 24, 2015 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The problem is that the law does not require employers to give employees time off for doctor's visits or other medical reasons employers are allowed to make employees schedule these things for non-work days, or before or after work. If the employee has paid time off, like sick days, she could use them, subject to her employer's rules for using such days or if she is eligible for FMLA leave you can find the rules on the Dept. of Labor website, she may be able to take unpaid FMLA leave otherwise, however, the employer is within its rights to deny her time to take a child to the doctor.

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 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.

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