Legal Question in Employment Law in Florida

Subject

I would like to know if an employer is legally permitted to consider a tardy as unexcused & a derogatory mark on your record due to a doctor's appointment even with doctor's note & prior notice because they are short staffed & behind in productivity.


Asked on 2/06/03, 5:10 pm

1 Answer from Attorneys

Keith Stern Shavitz Law Group

Re: Subject

Depending on how many employees your Employer has, and whether they are subject to the Family and Medical Leave Act, the answer would change. If the Employer is subject to FMLA, you might be entitled to time off to attend a doctor's appointment if its for a serious health condition--as opposed to a dentist appt, a routine visit or a cold. If its not, then your employer is not required to give you leave to attend a simple doctor's appointment and could then legally do anything they wanted if you missed work to go to the doctor--including firing you. The latter answer would also apply if the Employer is not covered by FMLA.

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Answered on 2/06/03, 7:27 pm


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