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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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I am an exempt employee and need 3 days for a medical procedure

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I am an exempt employee and need 3 days for a medical procedure can they refuse
Good evening and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

Is this a mandatory or elective procedure (e.g. cosmetic surgery of some sort)? Also, can you please tell me whether your company has more than 50 employees and if so, whether you have been employed there for more than 12 months?

I very much look forward to helping you on this matter.
Customer: replied 3 years ago.
This not elective I have worked for this company for 3+ years more than 50 employees
Thank you very much for you reply.

An individual in your circumstance should be entitled to FMLA-protected leave during this absence.

The FMLA is a federal Act which guarantees employees suffering from any "serious health condition" (and non-elective surgery always qualifies) up to 12 weeks of protected job leave to recuperate. It's not up to the employer whether to grant such leave. Provided the employee gives reasonable notice, fills out the necessary paperwork, and gets a doctor to certify they are suffering (or will be suffering) from a serious health condition, their employer MUST afford them that time and cannot take any adverse employment action against them as a consequence of their absence.

See here for the FMLA application form: http://www.dol.gov/whd/forms/WH-380-F.pdf

So, the short answer to your question is that, as an employee working for a company with more than 50 employees and employed for more than 12 months, your employer cannot deny your leave request provided you fill out the necessary FMLA paperwork and provide your employer with reasonable notice of the dates on which you must be absent from work.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
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