Results 1 to 4 of 4
  1. #1
    Join Date
    Feb 2015
    Posts
    3

    Default Can Your Employer Tell You When to Schedule Doctor's Appointments

    I just started back to work last week but with a 10 pound weight limit.
    I have physical therapy 2 times a week as prescribed by my surgeon.
    My therapy place is busy and since I started therapy in March it has always been Monday and Thursday at 11am.
    Now my company is telling me I must reschedule my appointments and that I have to make my appointments around the companies schedule not my therapist.
    They even went so far as to tell me today that I will have to reschedule my appointment with my surgeon on June 26th for a follow up.
    Is that legal?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,054

    Default Re: Can Employer Tell Me When/when Not to Make Dr. Appointments

    Quote Quoting earthdog View Post
    My workers compensation claim was made in the State of: Wisconsin.
    I just started back to work last week but with a 10 pound weight limit.
    I have physical therapy 2 times a week as prescribed by my surgeon.
    My therapy place is busy and since I started therapy in March it has always been Monday and Thursday at 11am.
    Now my company is telling me I must reschedule my appointments and that I have to make my appointments around the companies schedule not my therapist.
    They even went so far as to tell me today that I will have to reschedule my appointment with my surgeon on June 26th for a follow up.
    Is that legal
    ?
    I see nothing in the code that says an employer can force you to schedule appointments after hours,
    Furthermore, they may be obligated to pay you for the time lost by attending doctor appointments under certain circumstances.

    29 CFR 785.43 - Medical attention.
    29 CFR 785.43 lays out the following rules for employers that have employees in need of medical attention during working hours:
    http://www.shrm.org/templatestools/h...sapptment.aspx

    If the employer fires you for attending doctor appointments, you would then be eligible for full wage loss benefits.
    If this employer remains hostile, you should consult and retain legal counsel.

    What if Your Employer Fires You?
    If you are injured at work, you may not be fired without reasonable cause. This means you cannot be fired simply because you were injured at work or because you temporarily cannot perform your job duties. If your employer unreasonably fails to return you to work after you reach maximum medical improvement, you may be entitled to an additional benefit of one year’s wages.
    http://www.hq-law.com/blog/workers-c...-need-to-know/

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Oct 2006
    Posts
    145

    Default Re: Can Your Employer Tell You When to Schedule Doctor's Appointments

    29 CFR 785.43 relates to "Time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee’s normal working hours on days when he is working constitutes hours worked", and thus does not apply to this situation.
    Quote Quoting earthdog View Post
    Now my company is telling me I must reschedule my appointments and that I have to make my appointments around the companies schedule not my therapist.
    Are you in fact able to schedule your therapy such that you don't miss work? If so, the same general policies apply as would in relation to any medical appointment or care that you receive -- you can take time off of work consistent with your employer's policies.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,054

    Default Re: Can Your Employer Tell You When to Schedule Doctor's Appointments

    Admin
    the same general policies apply as would in relation to any medical appointment or care that you receive.
    I disagree, treatments required for a work related injury are exclusive - they don't fall into the same category as other medical conditions not work related.
    The liability falls on the employer, there may be specific policies that address work related medical leaves and time lost in seeking treatments.
    I cited 29 CFR 785.43 as an example of how responsible employers should act - under certain conditions, the employer pays for time lost during medical treatments.
    The poster was injured at work - they are responsible for his care - why should he spend his personal time fulfilling their obligation?

    you can take time off of work consistent with your employer's policies.
    He isn't "taking time off" voluntarily or for personal business.
    He's going to required medical treatments because of a work related injury.
    Company policy doesn't overrule federal and state labor laws or the Worker Compensation Act.
    The employer can not harass, intimidate, retaliate or discriminate on the basis of the employees' need for medical treatment during working hours.
    To my knowledge, there's no statute that demands the employee schedule needed treatments around the employers schedule.

    I agree, this employee should check company policies and labor agreements.
    They may contain language that would mandate the employer pay for time spent during treatments due to a workplace injury, even if it's after hours.
    I find it hard to believe there's language in any policy that demands injured employees to seek medical treatments after hours - not sure if that's even enforceable.
    Also, the poster should be aware, you are entitled to 57.5 cents per mile for using your private vehicle to travel to and from medical appointments.
    http://www.joedibartolomeo.com/faqs/...comp-claim.cfm

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

Similar Threads

  1. Replies: 0
    Last Post: 02-12-2015, 11:42 AM
  2. Replies: 11
    Last Post: 03-03-2013, 10:48 PM
  3. Replies: 10
    Last Post: 03-15-2012, 05:50 AM
  4. Changed Medical Appointments by Employer/IC
    By justjacqs in forum Employment
    Replies: 5
    Last Post: 12-08-2008, 02:17 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer