I have had an open case since 2014 due to a fall at my previous job. After two surgeries I went back to work because I developed severe anxiety over my financials. I had to take a much lower paying position as I am not allowed to work in my old profession. When hired I informed my new boss I had an open case and would need to attend pertinent comp appointments and also explained I was still in physical therapy. Due to the hours of this new job, I have to constantly request time off that I have accrued. On numerous occasions my boss has stated I need to schedule appointments out of work hours. Obviously, this is nearly impossible being I work a similar schedule to medical facilities. Now I am almost out of accrued time and my boss changed my schedule slightly, however, the schedule change does not always work with when doctor's are available causing me to use more of my time. I will not be able to take vacation, sick, or personal days in about a month due to no time left yet I still have many months of appointments to go. Is this legal? What can I do? Get a doctor or lawyer letter? My boss tells me to keep her informed, however, I feel I shouldn't have to disclose personal info.
Sadly, since you were not injured on this new job, the employer does not have to accommodate your workers comp case. You are entitled to accommodations under the ADA and the FMLA. I think if you are a person with a disability who needs an accommodation to see the doctors, if you present a doctor's note so stating, you might have something to stand on, however accommodations usually do not extend to attending hearings. I feel for you. Many of my clients face similar difficulties.
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Dear Madam or Sir:
Your employer does not have to accommodate you.
If you do not keep him informed, it may be your termination.
The foregoing is based on the little information provided; additional facts may change the comments given.
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