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

[earthdog]

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?

[tony]

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

[admin]

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.

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.

[tony]

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

[vofehic26]

Your employer is not legally required to grant time off work for hospital appointments. Your employment contract will state whether it’s allowed and whether the leave is paid or unpaid. It also comes down to your employer’s discretion.

If you are pregnant, you can take paid time off to attend antenatal appointments recommended by your doctor, nurse or midwife. You’ll need to get your employer’s permission to attend, and they are allowed to refuse, but they must be reasonable, i.e. it’s not reasonable to question your doctor’s advice.

If you are disabled, your employer should allow you to take time off for hospital appointments; otherwise, it could be seen as discrimination on the grounds of disability.
Your employer is not legally obliged to grant time off work for doctor's appointments.

Your employment contract should explain whether you’re allowed time off work in this situation and whether the leave is paid or unpaid.You just need to be aware of your rights and verbal warning

If your contract does not cover time off for doctor's appointments, your employer may still offer you leave at their discretion. However, some employers require staff to take leave out of their holiday entitlement or make up the time later on.