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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102339
Experience:  Years of experience in running a medium sized law firm.
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I have an on going comp case, ever time I have appointments

Customer Question

I have an on going comp case, ever time I have appointments for shots or doctor appointments my HR manager gives me a hard time to the point I feel is harassment. this time I needed 3 shots, 1 a week for three weeks, we are allowed 4hrs comp time and he always give me a hard time. this time he refuse the 2nd shot and they don't work unless you get the 3 in a row. my boss told me to get the doctor to fax a paper saying that and the doctor did plus I added the Judge who told the insurance company it was approved. I go get my first shot today and they tell me he called them and wanted to try and change the appointment or make it later. this is just an example of how he treats me. Is this legal.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. 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.

I am sorry to hear about this situation. Under the Family Medical Leave Act, the employer cannot do this. See HERE under "

FMLA leave doesn’t have to be taken all at once." Intermittent leave is permitted for necessary appointments for medical conditions (with or without a workman's comp case ongoing). As such, someone in your situation can threaten to file a complaint HERE.

However note that I am assuming that you and the employer are covered by FMLA. See below:


The FMLA only applies to employers that meet certain criteria. A covered employer is a:

  • Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
  • Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or
  • Public or private elementary or secondary school, regardless of the number of employees it employs.


Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:

  • Works for a covered employer;
  • Has worked for the employer for at least 12 months;
  • Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*; and
  • Works at a location where the employer has at least 50 employees within 75 miles.

If the above is not satisfied, reply and let me know and we can discuss other options.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

    Expert:  Ely replied 1 year ago.
    Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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