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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I work as an administrator, an at will public employee not

Resolved Question:

I work as an administrator, an at will public employee not protected by union contract. I never miss work due to illness, and if I take a day off, it is with pre approval far in advance. My immediate boss is always out for even very minor ailments and frequently comes in late, calls in sick, or leaves early with no prior notice.

Today both my boss and I were offsite at meetings leaving a qualified designee in charge. I have been trying to get into the doctor for over a week for an ultrasound for a potentially serious condition. At 8:30am the doctor said he has no apps for three weeks but could work in US in PM. I immediately texted my boss and told her details and asked if I could go. She said there was an issue to be taken care of at site. I told her it would only involve a few calls and I could do that driving there. She said it was" not an emergency" and not pre approved so she was denying permission. so I went to the site as told. I cannot get back to dr for three weeks, by which time condition could be much worse.

Is it an hr issue? Can she deny permission like that. Do I have any recourse if condition gets worse as a result of her denying permission?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, as an at-will employee, your employer can refuse to grant you a test for an ultrasound for a potentially serious medical condition unless you have applied for and received FMLA leave for the condition or your employer is discriminating against you on the basis of a disability (or another protected characteristic).

I would suggest that you bring the issue up to HR, but, unfortunately, there's no legal action that you could take against your employer if the condition gets worse as a result of the employer denying permission.
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