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I have a second surgery scheduled for the end of the month.

Customer Question
I have a second...

I have a second surgery scheduled for the end of the month. The first was a double mastectomy for breast cancer. This is for reconstruction. I gave 30 days notice. My boss is wanting me to change the dates but my surgeon does not want to as he also has a three week vacation coming up after my surgery. Can my boss actually ask me to change my dates?

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

Yes, my manager. This is who said it would be inconvenient for my team.

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

We are bargaining for a contract now and I do belong to the union.

Submitted: 2 months ago.Category: Employment Law
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Answered in 14 hours by:
6/3/2018
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,840
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Your Question:

I have a second surgery scheduled for the end of the month. The first was a double mastectomy for breast cancer. This is for reconstruction. I gave 30 days notice. My boss is wanting me to change the dates but my surgeon does not want to as he also has a three week vacation coming up after my surgery. Can my boss actually ask me to change my dates?

Response: Unfortunately, yes, legally. However, under the circumstances, your boss is being quite unfair, unreasonable, and callous. You cannot change the schedule because the surgeon is not going to be available for when your boss wants. Your boss needs to try to be human for a second and think about your health instead of being selfish. When you get better, you should look to join another team as the manager has shown that the only thing she cares about is the team and not individual persons on the team. Your surgery being "inconvenient for the team" should not be a valid reason to postpone a major surgery.

Your Union should get involved here and get the boss to be reasonable and allow the surgery to proceed on the scheduled date.

Best wishes,

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Thank you for your cooperation.

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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