Scheduling a medical appointment can be a life-saving measure when you notice unusual symptoms. Alternatively, you may have been diagnosed with a disease or disorder and need regular appointments for medical treatments. Because of how important they are, it seems unfair to punish anyone who wants time off from work for a doctor’s visit. However, an employer may use the need for a medical appointment to fire someone or treat them unfairly in other ways. This is an example of wrongful termination, and those who are affected may be interested in filing a lawsuit for monetary damages.
In terms of your right to seek time off for a doctor’s appointment, there are several laws that you should be aware of. Essentially, your employer may be committing disability discrimination, which is illegal under Title VII of the Civil Rights Act, among other statutes. This legislation prohibits employers from making negative decisions on the basis of protected characteristics like race, sex, age, and medical condition. So, it’s possible that you have a claim for disability discrimination if you lost your job because you needed to attend a doctor’s appointment.
Legal Protections Under the Americans with Disabilities Act
Demoting an employee or firing them for a doctor’s appointment may be a civil rights violation under statutes like the Americans with Disabilities Act (ADA). The ADA enforces equal access and fair treatment of people with a physical or mental disability, which is defined as a condition that impairs one of more major life activities or bodily functions.
According to the ADA, businesses with 15 or more employees must provide accommodations within reason for disabled workers, meaning modifications, additions, and changes that help the employee perform essential job duties. This includes allowing for doctor’s appointments, whether it’s occasional or on-going for a chronic medical issue. The nature of your illness and how it affects your life on a long-term basis will determine your eligibility for job protections under the Americans with Disabilities Act.
State Laws That can Protect You
Along with the ADA, you should also learn about the California Fair Employment and Housing Act (FEHA). This law provides valuable protections for workers with physical or mental health conditions in employment settings with at least 5 workers. FEHA prohibits wrongful termination and other acts of discrimination based on
- Race, ethnicity, color, or national origin
- Religious beliefs
- Being 40 years of age or older
- Having a physical or mental health condition
- Sex, gender, or gender identity
- Sexual orientation
- Genetic information
- Marital status
- Military and veteran status
- Political affiliation
If you are eligible for FEHA protections against discrimination, you cannot be fired because of your need for medical treatments. Thus, you are allowed to ask for flexibility in your schedule, time-off, and other reasonable accommodations. If your employer refuses to approve your request and you are fired as a result, you should talk to a disability discrimination lawyer as soon as possible. Please note your employer is also prohibited from punishing you, i.e., retaliation, for needing to go to the doctor’s and other modifications that are medically necessary.
Can I Use PTO for a Doctor’s Appointment?
Employers should give you the option of using PTO (sick, vacation, and personal hours) for any time that was missed from work because of a medical appointment. Unfortunately, some employers make it difficult for the worker to access benefits they are legally entitled to, and the reason usually has to do with discriminate and retaliation.
You may also have the right to extended, unpaid medical leave for a serious illness or injury. For example, if your employer has 50 or more employees working for them within a radius of 75 miles, you can ask for up to 12 weeks of leave every year. This is job-protected, unpaid leave that’s available through the Family and Medical Leave Act. Please note you must have worked for the employer for at least 12 months and accrued no less than 1,250 work hours.
If your employer has less than 50 workers, you may still be covered by the California Family Rights Act. This law provides medical leave for up to 12 weeks in employment settings with 5 or more workers. Thus, it’s fair to say that most workers in the state of California can take extended leave for up to 12 weeks – as long as they have worked at least 1,250 hours for the same employer in the past 12 months.
Contact a Disability Discrimination Attorney
Our law firm has been dedicated to fighting for the rights of discriminated workers in California for several decades. We will never back down in the face of injustice, and our track record of settlements and jury verdicts speaks for itself.
Our commitment to you goes beyond legal advice and representation. We aim to protect your finances with the Zero Fee Guarantee. As a victim of wrongful termination, you do not pay us a retainer or hourly fees. Your employer covers the cost of legal services as a part of your compensation award, so our payment is based on our ability to win your case.
We understand your hesitation regarding a legal action against your employer. At the end of the day, only you can decide if filing a lawsuit is the right course of action. However, it costs you nothing to meet with a wrongful termination lawyer, so why not give us a call at your earliest opportunity? We look forward to speaking with you guiding you through the legal system one step at a time.
