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Recently my wife has had to undergo a series of tests becuase she became ill. She still has more to go and needs weekly or bi weekly appointments with an eye doctor. She also has to see a specialist concerning what is believed to be wrong with her. Her boss is making life hell on her and is writing her up and threatening to fire her for going to the doctor. After my wife's illness her boss implemented a policy that all requested days off must be turned in by the 10th of the previous month (i.e. for days off in October you must give notice by September 10). Given that we don't always know a month+ in advance of these appointments that is impossible to do. She has gotten written up 3 times for going to the doctor and bringing in excuses. It even said that a doctors appointment with a note from the doctor is against the rules. Is all of this legal? Im looking for any help I can find. Thanks

2006-09-27 06:48:38 · 17 answers · asked by williamcoulson 2 in Politics & Government Law & Ethics

17 answers

Try getting in touch with the labour board. There are very clear rules and regulations about how much an employer can interfere regarding doctor's appointment. My gut feeling is that he has overstepped his purview entirely, but regulations change from country to country. You don't say where you are from. Do a search on the net for the labour board in your city. They should have at least outlines of their policies and laws on there.

2006-09-27 06:59:24 · answer #1 · answered by Anonymous · 0 0

I don't think this follows the labor laws. Contact the Department of Labor and Fair Employment Practices. The EEOC (Equal Employment Opportunities Commission) in your area can probably best direct you.
Have your wife tell her boss to put all his directives concerning her absences in writing. When he writes her up she need not argue or get upset. This is not good for her health which is already conpromised. Just document EVERYTHING. Keep a file. Make an appointment with the EEOC.
Private labor lawyers are very expensive, so use the government agencies I listed.
Good luck and a prayer has been said for your wife's recovery.

2006-09-27 06:53:43 · answer #2 · answered by Chris 5 · 1 0

Technically , an employer can only stop you from seeing an "outside" doctor if you are injured or became sick as a result of being at work...because they have their own doctors who are licensed to handle their employees, above seeing your own doctor...and your insurance will not pay for services that should have been covered under the workman's comp your employer carries...it's considered fraud ...
mainly because you didn't allow the doctor of your employer to treat you , which is policy...and your doctor is covered under the empoyers policy... complicated but, I just learned about this the day before yesterday.

2006-09-27 06:58:24 · answer #3 · answered by Anonymous · 0 0

Your wife should be covered by FMLA or the Family Medical Leave Act. In her case, she should be covered-I had to take FMLA intermittently for 4 mos due to an illness which involved bi weekly appts between my family doctor and an endocrynologist. This prevents employers from doing threatening things like writing you up or terminating you for an illness. It is impossible to ask off a month in advance for appts such as these that your wife has to schedule.
I wold also recommend that she start looking for another job!!! Good luck and God Bless-I will keep you in my prayers and hope that all is well.

2006-09-27 06:53:20 · answer #4 · answered by Anonymous · 0 0

I believe this is not legal, unless she is getting paid while she is at the doctor's office, but the boss has no reason to be mad at her, its her health. Your wife needs to realize what is important, her job or her life, The Employer is just giving her a hard time. Might have to speak with the boss or owner of the company and address the problem. If he does fire her, she can go to a attorney and see if they can do anything about it, because workers need to be healthy in order to work.

Best of luck to both of you, i hope you get this issue resolved!

2006-09-27 06:52:36 · answer #5 · answered by Jay 3 · 0 0

Since you don't write where this is happening, it is difficult to know which laws may apply. In some countries this is against the law. We need to know the legal jurisdiction. Also you are not clear as to how much advanced notice your wife gives her employer. Perhaps looking up labor relations in her jurisdiction might provide an answer. Also she should check with her own human resources department and human resources in other large companies.

2006-09-27 07:00:31 · answer #6 · answered by James S 3 · 0 0

Contact your local labor board and describe (calmly) the situation. Ask them if you have any legal protections in such a case. I have been fortunate anought to have never had an employer who didn't value their employees health.

2006-09-27 06:57:04 · answer #7 · answered by limgrn_maria 4 · 0 0

Well if the rules are in place it is legal not fair but legal and unless your wife is very happy at her job I'd suggested she find another job I mean I personally would not work for someone who has that little amount of acceptance for things and plus let me ask you a question can you honestly sit there and tall me you don't mind that your wife works at a place where the boss is so critical of her?

2006-09-27 06:53:16 · answer #8 · answered by Anonymous · 0 0

I think that is going to depend on her employer. Does she have a job that she had paid time off, that she could take? I dont know, I had a job before that we had to attempt to turn in our requested days off early.

2006-09-27 06:51:33 · answer #9 · answered by Anonymous · 0 0

Consult with an attorney. Try Legal aid.

2006-09-27 06:50:48 · answer #10 · answered by Repub-lick'n 4 · 0 0

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