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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32364
Experience:  Employment Law Expert
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My wife scheduled a doctor's appointment . She

Customer Question

My wife scheduled a doctor's appointment for tomorrow. She notified her employer she needed the time off and they are refusing to let her go. She had no real choice in the time and day - it is a foot doctor. She is on her feet 40 hours a week and is now in pain.
JA: Thanks. Can you give me any more details about your issue?
Customer: She works for Krogers.
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Submitted: 8 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 8 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Is there a specific question with which I could assist?Also, how many employees work at her location or within a 100 miles?
Customer: replied 8 months ago.
Okay - I guess this is more complicated than it needs to be. Evidently, my wife's employer can prevent her from seeing her doctor - even though she got permission from her supervisor for an appointment that was changed by her doctor to another day. (She asked for permission again and was told she could not go.) Because she is on her feet 8 hours a day, it did not seem unreasonable to take and hour or 90 minutes to get treatment. There is usually enough people in the store where she works to take her place while gone. So - I will advise my wife to suffer or quit and deal with the issue legally later. Does that sound like I have an understanding of the situation? Do employees expect too much these days?
Expert:  Dwayne B. replied 8 months ago.
She doesn't want to quit yet. If she does then there won't be anything she can do later.There are at least two laws that could apply in her situation, the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA).The ADA can be used to allow someone to seek medical care although it is usually used in other ways.The FMLA is specifically designed to allow an employee to take off up to 12 weeks a year of time to deal with a "serious medical condition". A serious medical condition can be almost anything. The 12 weeks can be taken all at once of "intermittently" as needed.However, an employee must ask for the FMLA leave for the law to kick in and only employers who have at least 50 employees within 75 miles are covered by this. The numbers are about the same for the ADA. In addition, there are state laws that can apply as well.What I'd suggest is going to visit with a local lawyer that does employment law, you can find one at www.lawyers.com, and get them to help her draft a letter that protects her and asks for the protections under the law. Then, if they fire her or treat her differently she has a lawsuit possible.
Customer: replied 8 months ago.
Thank you! I appreciate your help. I will speak with my attorney for a referral as neccessary.
Expert:  Dwayne B. replied 8 months ago.
You're very welcome.Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.

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