Thank you for the additional information---that is exactly what I needed.
The three criteria I provided must all be met for a CA employee to be eligible for benefits and protection under the Family Medical Leave Act, and the corresponding CA Family Rights Act. Absent the protection of one of those programs, your daughter has no legal right to force her employer to let her off for a doctor's appointment---or to prevent them from punishing her if she refuses to work and goes to the appointment.
Unfortunately, in CA, employees are presumed to be "at will
." At-will employees may be terminated for any reason—at any time
, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory
. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In CA, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.
Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.
I'm very sorry, but your daughter may be forced to make a choice over whether to go to the appointment, or be disciplined by her employer---and perhaps even terminated.
Neither CA nor federal laws provide her any protection from this sort of abuse. Under the circumstances, as her employer cares so little about its employees---she really needs to reconsider even remaining an employee of theirs---at least in the long term.
I would suggest that she get a note from her family physician to the effect that she has a serious medical condition which requires immediate diagnosis testing and that a delay could result in serious medical complications. At least if she gives a report such as this to the employer and they still refuse to let her attend the examination---if they do terminate her, she will have a very good argument that she was terminated without good cause---possibly opening up the possibility of making an unemployment claim.
I wish you the best in 2012.
I understand that you may be disappointed by the Answer you received, as it was not entirely favorable to your daughter's situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.
Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.