Is it legal for an employer to deny you having days off for medical reasons?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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