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Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I have been back from an extended time off after a workplace

Resolved Question:

I have been back from an extended time off after a workplace injury for about six months. I have to have a surgical procedure that will be done on an outpatient basis and I may only need the one day off but it could be two or three. I have not worked 1,250 hours since I have come back from Worker's comp leave. My work says since the procedure is at the end of the yearly inventory (the inventory taking does not involve my position in any way) I can not have it off. Is this legal? The condition being repaired involves my bladder.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

If you have accrued the sick days then you do have the right to take the time off for the surgery.

However, your employer can still request that you take the time off at a different time to have the surgery due to it being the end of the yearly inventory.
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