Leave denied by work

[yvonne74 73]

I put in a request to take off work on Monday for a Dr's appt. My leave request was denied b/c my principal states in the Fall she told us that we could not miss professional development days. She is hot that I would even question her directive order and said if I take off I will be docked pay. I went to the school board to question the denial b/c I spoke to the Texas Teachers' association and they agreed due to a medical reason I should be allowed off. They guy at the board office said he would not go against how a principal runs the school and if she says I can't go, then I can't go. Both people questioned my about my medical history. My principal said that I should have told her in the fall that I had medical issues and I would have to take off. I know under HIPPA? that I do not have to tell her about it. So if I take off on Monday I will be docked pay.

Do you think my Dr will write a note explaining that IT IS medically necessary for me to take off work? IF I can prove 100% without a doubt then I can file a grievance to get my pay back and to not have this issue every time I need to take off.

[DELETE THIS ACCOUNT! 12,703]

Well, I guess that depends. What's the appointment for on Monday? If it's just for a fill, why not reschedule it for a non-development day?

[Toddy 758]

You're in a lose/lose situation here. Can you not make your appointment for a different day and have a sub cover? You can probably pursue this, and win, but the end result of having ticked off your principal and running through the grievance procedures will probably hurt you in the long run.

[4sweeties 63]

I am only allowed to take off for a dr appointment if it can not be scheduled outside of the school day. It sounds like you can take off for a dr appointment, just it's frowned upon a few days a year, on the days you have professional development.

I wouldn't want to miss professional development if it is for new curriculum, I see your principal's point, especially since she gave everyone a heads up in the fall.

However, if you are having problems, and need to see your lapband dr and this is the only possible day and time, because rescheduling would have negative affects, then in that case, I would do what I had to do. In that case, I would apologize to the principal for bad timing, say it really is the only time you can see this doctor, and explain you will have your co workers take good notes and turn key train you, but you would rather be there in a heart beat if it were possible.

Good luck

[yvonne74 73]

I've already explained all of this to her. My Dr is 3 hours away, (6 hours drive time, plus appt time) so I can't take a half day. Other teachers are doing our classes (training on Monday). I explained to her (which she knows) my class is a tough class, I've had subs say they won't sub for me again. We the next two weeks are our testing weeks so I will miss a day of testing my students. I've put this appt off for two months b/c I was putting my job as a priority. It isn't just that this is a PD day, she questions every time I take off.. My child had Fluid flowing from his ear and I tried taking a half day to get him into the Dr but she denied it. So I took him to urgent care after school and was referred by to our regular Dr to get a referral for an ENT..

[bethcav 68]

Did u apply for fmla when u had sx? Even if u didn't u can still apply and take the day off for drs appts if the paperwork u fill out includes taking off for appts. Fmla protects your job and you don't need to explain anything other than ur using a fmla day.

[seeme1954 32]

I'm a retired teacher . Where I am from teaching jobs are hard to come by. I would not take off. Reschedule to another day . Can you wait till break especially since you have been taking a lot of days off

[yvonne74 73]

No, I didn't I had surgery while school was out. I didn't know if this would fall under FMLA or not b/c the school board member I talked to asked if it would. But I didn't know.. I haven't told anyone at work about my surgery b/c of how critical they are of everyone/everything.

I have 40 personal days saved up and 8 sick days to use. I'm not one to abuse the system.

[hely88 883]

Call your doctor and ask?

[bethcav 68]

You certainly don't sound like one who abuses the system. You can apply for fmla for drs appts other family members etc. I would keep your appt and and ask for fmla papers. You certainly don't have to explain your medical issues to anyone u don't want to. Good Luck

[Blondie638 98]

I would fight it. But keep in mind it may make ur work environment hostile. Can u reschedule ur doc appointment for another day? Or maybe can u just take off the morning? This just sounds weird to me. Id fight it

[♥LovetheNewMe♥ 1,216]

Your best bet to be protected is to go the FMLA route, I am not sure if obesity and lap band would be considered a chronic medical condition.

[Maddysgram 6,159]

How much of a noticed did you give the principal? Why did you make it on a "Professional Development" day?

I think I would try to reschedule 2wks out so plenty of notice, make sure there were no special do not miss days.

I agree with not causing reasons for the principal to make your life any more miserable. That way, there is no reason you shouldn't get it.

I agree also, you do not have to tell anyone whats going on!!!!

I'm just afraid if Dr writes a note, they might figure out it was a non-emergency.

Good Luck!

[Maddysgram 6,159]

PS. I would try to get appt on a Friday, in case your fill is too tight and you need a slight unfill. You don"t want to have to go through this whole thing again.

[DELETE THIS ACCOUNT! 12,703]

Unfortunately, fills and follow up appointments with your surgeon would not be covered by FMLA.

"Elective Procedures

The FMLA rules do specifically delineate procedures that are not considered a serious health condition. CFR section 821.113 (d) specifies that "cosmetic treatments" such as acne treatments and "plastic surgery" are not serious health conditions. If complications arose, then the complications could be considered a serious health condition under the act. Additionally, if the surgery is one that requires "inpatient hospital care" -- defined by the regulations as an overnight stay -- then it likely qualifies as a serious health condition.

Restorative Surgery

The Federal regulations (CFR section 825.113 d) state that "restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met." Therefore, if the condition for which the employee is undergoing elective surgery was in itself a serious health condition, then the surgery is covered under the act. In some situations, such as bariatric surgery, the determination of the underlying condition differs between individuals. If doubt exists regarding the status of a surgery or condition, the legislation allows the employer to ask the employee's medical provider to certify whether the procedure constitutes a serious health condition for the purposes of FMLA."

Essentially because you have to stay overnight in the hospital you could get the surgery and recovery time covered by FMLA, but routine doctor's appointments after would not be covered.

Plus, you'd have to divulge the nature of the medical issue to get it covered, which isn't something you said you wanted to do.