while on light duty through workers comp, can I leave work early for a doctors appointment.
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while on light duty through workers comp, can I leave work early for a doctors appointment.
I work in the state of Ohio. I return to work on Monday March 14, 2016. I will
be receiving a lower hourly wage due to the temporary light duty position.
Workers compensation will be compensating me for the difference, until I
return to my original position. I have a doctors appointment scheduled for
Tuesday the 13th for a cortisone shot for my injured shoulder. Also, I have to
continue with my therapy for another estimated month. My work told me that I
can not leave early to go to my appointments, or they will write me up and
possibly fire me. If fired will I still receive workers compensation? And can
they even tell me that I can’t leave work for my doctors appointments?
Asked on March 11, 2016 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can only leave early for doctor's appointments, even if on light duty, if you have paid time off (e.g. sick or vacation days) to cover the time, or you are eligible for and validly/properly use FMLA leave to cover time out from work for medical treatments. Otherwise, the employer has the right to insist you are there during your work hours and that you schedule appointments for your own time (e.g. before/after work; on weekends). Your employer is not required to accommodate your medical needs and can discipline or even terminate you for missing work.
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