Can I deny an employee time off for a last minute dr appointment if we are swamped?

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Can I deny an employee time off for a last minute dr appointment if we are swamped?

An employee called today because her doctor had called her wanting to go over
some test results. They want her to come in tomorrow afternoon. We are already
down 3 people. Do I have to let her keep the appointment?

Asked on August 8, 2019 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes you can unless this worker has unused sick time to cover their absence since such time does not require employer consent in order to be taken. Otherwise, the fact is that a business can the conditions of employment much as it se fit (absent some form of legally actionable discrimination or an employment/union contract to the contrary). 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If she has any sick days, she can use them for a doctor's visit; employer consent is not required for sick days. But if she does not have sick days available for this, as part of an employer's power to schedule work, you can deny her permission to miss work.


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