Legal Question in Disability Law in New York

ADA/ Family Medical Leave Act - Exempt Salried Employees

I am a salaried (Exempt) employee for over 30 years at a Fortune 500 Company (50000+ Employes). To my knowledge it is not stated in any of our Corporate policies that time off for doctors/medical related appointments must be requested of your supervisor at my level. Being at what I would call an executive level position, when I make such appointments, I check my schedule and itinerary (tasks to be done) and either schedule the appointment in my planner or ask for another date/time with my doctor if there is a schedule conflict. I was out on paid sick leave (not ST or LTD) for several months last year for a condition clearly classified as a disabilty by the ADA. For over 30 years no comment was ever made to me about taking time off during normal business hours 8:00-5:00. After my condition was made known to my employer, this year I was instructed '' to only schedule doctors/medical appointments outside of normal 8:00-5:00 working hours. In fact it was stated by an HR rep �it is not acceptable� . I have plenty of sick days unused and in fact work ''extra hours'' outside of normal 8:00-5:00 as most exempt employees do these days to attempt to keep up with the heavy work load. In your opinion, were my ''rights'' violated under any ''law''


Asked on 12/03/08, 11:51 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: ADA/ Family Medical Leave Act - Exempt Salried Employees

It does not appear that any employment rights were violated; however, if the doctors appointment are medically necessary and your employer refuses to make some "negotiated accommodation" then perhaps you may have a claim if your condition could be classified as a disability or if your employer treats it as a disability.

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Answered on 12/04/08, 12:59 am


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