Q: The morning of a psych appt an confronted by station & district mgrs & threatened with dismissal if I go to the appt
The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who “coincidentally” happens to be in the office that morning and is advised they are not allowed to leave for the medical appointment happening that day unless they can provide a medical notice stating they have an appointment to attend that day. The employee is told unless they provide this official notice from the physicians office they will face disciplinary action if they go to seek the medical attention they have advised they need. When the employee advises that there is no regulation requiring employee to provide this information the district manager states if the leave to seek medical attention the employee will face disciplinary action that may result in removal. Disciplinary action follows.
A: Whether what happened to this employee was unlawful will depend on many other facts not included in the post. However, there is enough in the post to suggest that it would be wise for you to locate and consult with an employment law attorney. Good luck to you.
A: You should have been able to go to your medical appointment and return with a certification that you had a medical appointment without fear of retaliation. You should consult with a knowledgeable employment lawyer about next steps.
A:
Under California law, employers are generally required to provide reasonable accommodations for employees' medical needs, which includes allowing time off for medical appointments. However, the specifics can vary based on the employer's policies and the nature of the job.
If the employee has a scheduled medical appointment and has followed the employer's standard procedures for requesting time off, the employer's refusal to allow the employee to attend the appointment, and the subsequent threat of disciplinary action, could potentially be problematic. This is especially true if the employee's need for medical attention is related to a disability or a serious health condition, as there are laws protecting these rights, such as the Americans with Disabilities Act (ADA) and the California Family Rights Act (CFRA).
The requirement for a medical note is a bit nuanced. Employers can ask for a doctor's note to verify the need for medical leave, but this often applies to extended absences rather than short-term appointments. The immediacy of the request on the day of the appointment, however, could be unreasonable.
If disciplinary action was taken as a result of attending the medical appointment, it might be advisable to review the employer's policies and any relevant employment contract terms. If the action seems unjustified or discriminatory, it might be beneficial to consult with a legal professional experienced in employment law for advice on potential recourse.
California's labor laws aim to protect employees from unjust treatment, especially in matters concerning their health. It's important to document all interactions with management regarding this issue and seek legal guidance to understand your rights and options in this situation.
A: Per the labor code section 132(a) your employer is not allowed to discriminate against you for filing a workers compensation claim. Further, you are entitled to a day of Temporary Disability for a med-legal evaluation. If this is regular treatment, I believe you do have a claim for discrimination under 132(a) which has penalties for the employer and added benefits to you. You likely will need to seek a local Workers Comp attorney in your area.
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