Can my fiance be fired for taking time off for surgery?

UPDATED: May 20, 2009

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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


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 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

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