Must a contract employee provide employer prior proof of a medical appointment for approval of LWOP?

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Must a contract employee provide employer prior proof of a medical appointment for approval of LWOP?

A government contractor requires that employees submit request form and proof of medical appointment, appointment cards with the doctor’s name and address, hospital pre-OP forms (with date, time, type of procedure, time and place of procedure) and procedures prior to the appointment in order to be approved for LWOP. Is it legal to request this info prior to the appointment?

Asked on July 22, 2019 under Employment Labor Law, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

An employer can ask for proof of a doctor's appointment. While they cannot ask specific details regarding the appointment itself (e.g. the reason for it), they can ask for confirmation of the day and time. The fact is that legally, permission does not even have to be given for allowing an employee to leave for such an appointmet (although the worker could use a sick or vacation day to cover their absence).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It is legal: the employer is not required to take the employee's request for leave for a doctor's appointment or medical treatment at face value, and can request proof or validation of it. It may be requested in advance, since this is something being scheduled in advance (e.g. it's not emergency treatment), so the employee has the opportunity to get this information and documentation. There is no inherent right to take off time for medical treatment, so the employer can set rules for what is necessary to do to request or get it.


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