Employment question regarding dr appt

[Dusty Britches]

Legality question - keep in mind HIPPA, ADA, FMLA, etc.

Can an employer ask and/ or mandate you to reschedule a doctor's appointment?

I had a doctor's appointment scheduled for 4 months because that is how long it takes to get in to see this specialist. The appointment is in a few weeks and my project manager scheduled a week long, out of town trip for the project team. When the PM saw that I had a doctor's appointment they asked me to reschedule it.

I don't care what's fair in this, I'm more concerned about the legality of it.

In the end, the PM changed their mind and said that my presence on site will not be required. Good thing, because the next available appointment isn't until December.

[zr2chevy22]

From my understanding they can ask you to reschedule an appointment. They can't MAKE you reschedule it. It's a grey area really...

[LemmeOut]

From my understanding they can ask you to reschedule an appointment. They can't MAKE you reschedule it. It's a grey area really...

That is my understanding as well. Had you already requested and been approved for the time off from work on the day of the appointment?

[curtintex]

They can ask you to reschedule it. A reasonable employer would understand the dynamics of the long wait for another appointment and your hesitancy to reschedule. On the other hand, they have a business to run and cannot always accommodate everyone's personal schedule. These are always touchy areas and as long as both parties try to do what is right by each other there is usually a simple solution.

[BigThicketBoy]

Your Health before Their money !!

[Dusty Britches]

See, under FMLA, if I give at least 30 days advance notice and the schedule is agreed upon, the employer cannot later ask to reschedule it. I think the key here is whether it is FMLA leave or not and if I give at least 30 days notice of upcoming leave - which I did.

[Capt Glenn]

Except you are not going on leave, you are going to a dr's appointment.

[RodinaRanč]

Glad it worked out. The legality is this...Texas is an "at will" employment state, both from an employee & employer perspective. ****'n off a PM should be worth the risk

[skeeter]

is this fmla?

[hot_rod_eddie]

Except you are not going on leave, you are going to a dr's appointment.

FMLA cover's Dr's appointments if it is part of the documentation submitted during the application process. However, if the appointment was scheduled months in advance to a specialist, and the person is still working, I doubt it is an FMLA situation.


Actually, your HR can answer that question, and if they fail to represent the truth you have grounds for a law suit. If you are like me, the hassle isn't worth it.
Good luck.

[BenBen]

While working at McLane SW directly after retiring from the ARMY I still had VA medical appointments. Both during my interview and hiring/indoc meeting I provided a schedule of my appointments to both my supervisor and the DC VP. I also asked if there would be any issues. Both stated no. I believe in redundancy and would kindly remind them days ahead of my appointments as well the day before. I also kept notes of who I spoke with and or who I gave paperwork to. I was asked once to reschedule and like you had waited almost a year for a particular appointment. I respectfully said no. I've placed my health ignorantly second for over 20yrs to serve this nation and it's people. It's my time now. That being said YOUR HEALTH COMES FIRST! You gave them notice, they had no issue, go take care of you.

[BenBen]

Your employer can not deny or represent any form of denial of medical treatment.

[Dusty Britches]

Actually, you can have doctor's appointments, be working full time, and still have them covered under FMLA. In fact, if the total number of hours required to take someone in your care to a doctor can be reasonably expected to consume more than 24 hours (3 days) you are required to notify that it could be an FMLA event, and probably should file the paperwork to do exactly that. Leave does not have to be continuous.

However, I didn't put this under FMLA because I don't think that this will take that much of my time. But, to protect myself I might put it under FMLA.

Thanks.

[Bill]

Did you notify them in advance to take off all or part of that date?
If not, I would think a job assignment requiring travel would be your inconvenience- but I don't know for sure.

Now if you guys had unions in Texas.................

I'm only being a troublemaker with that comment, it does not deserve a rebuttal.

[kumathebear]

I LEARN something every day from the GS!