Can my fiance be fired for taking time off for surgery?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my fiance be fired for taking time off for surgery?
She has had sinus problems for a while. After fighting with her employer about getting time off to see doctors, she found out she has a deviated septum and a 1 inch cyst in her sinus cavity under left eye. She was told she would be written up if she missed work and couldn’t take vacation to have the surgery. They also told her she would have to schedule everything around the schedule of the doctor she works for. He said it was no big deal but two of the nurses she works with said it was the worst they had seen and it should be taken care of asap.
Asked on May 20, 2009 under Employment Labor Law, Tennessee
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
If your fiance had vacation time than she is entitled to take it as long as she provided the requisite notice. If she had no time and needed it anyway I cannot say she is entitled but it is very rare that she would be denied for medical purposes. She should look at her employment contract for an caveats on this issue than I advise calling a local employment lawyer.
You usually can get a free consultation and in doing so will learn the specifics regarding your case. From what you have said she did not act unreasonably however I do not know the specifics of time needed or notice. She should definitely consult an attorney if she was in fact fired to make sure it was valid per her employment contract
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.