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I am a disabled veteran and have 3 medical appointments on…

Customer Question
I am a disabled...

I am a disabled veteran and have 3 medical appointments on the same day at the VA Hospital on Tuesday April 11, My employer is refusing to grant me time off to go, do they have the right to deny time off. With the VA the appointments are not easy to get and granted I usually try to do them on my days off. any help would be much appreciated.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes

Submitted: 3 months ago.Category: Employment Law
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Answered in 1 hour by:
3/28/2018
Employment Lawyer: Lucy, Esq., Lawyer replied 3 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The Americans with Disabilities Act requires employers to make reasonable accommodations for employees with disabilities. It is reasonable for them to give you time off to visit the doctor to treat your condition in most cases. The only real exception would be if they could show that there was literally no one else who could fill in for you and that having you work that day would be a financial hardship. It would also be reasonable for them to swap your shift with another employee so you could have the day off and work another day instead.

Note that they don't have to pay you for the time off, but it doesn't sound like you're asking for that. They just have to give you the time. If you phrase the time off request as a reasonable accommodation, and they deny you, that would be illegal and you may be able to sue.

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Employment Lawyer: Lucy, Esq., Lawyer replied 3 months ago

If you have an ongoing need for medical care to treat your disabilities, one way to avoid this situation in the future is to ask your doctor to fill out a request for intermittent leave under the Family and Medical Leave Act. If they have at least 50 employees within a 75 mile radius, they must give you up to 12 weeks of unpaid leave to treat your condition. The leave can be taken as needed, which would give you time off for appointments or even when you felt unable to work. But note that you can always request a reasonable accommodation, even if FMLA protections don't apply.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Employment Lawyer: Lucy, Esq., Lawyer replied 3 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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