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    DJBartels's Avatar
    DJBartels Posts: 1, Reputation: 1
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    #1

    Oct 30, 2010, 12:25 PM
    Not entitled to Sick Pay because Doctor's appointments were scheduled.
    I am having a problem with my employer paying me sick pay because I prescheduled the doctor's appointment.

    I made two doctors appointments for 10/28/10. The first appointment was with an endocrinologist for a check up on my Addison's Disease. The second appointment was with my OB/GYN for a annual pap. The doctors note I turned in was from the OB/GYN and it said that I was there for an appointment.

    After I returned home from the doctors office I received a phone call from my Boss's assistant that day telling me that I would not be paid sick time because I had scheduled these appointments and I wasn't actually sick.

    The company sick time policy says we get 6 sick days per year. Non-exempt employees may use sick days in whole 1 hour increments and Employees wishing to schedule time off for full workdays must use the amount of sick time hours that correspond with his/her daily regular work schedule. It doesn't state a doctor's note is required.

    However I turn one in because my department Manager has a policy of his own that he requires a note. When I spoke with the HR Dept about getting paid they also said that because I wasn't actually "sick" that I didn't qualify. I explained to them that I wouldn't have made the doctor's appointments if I wasn't sick and that I was sick because I had medical problems.

    I feel that unless I explain to them my medical conditions that they won't allow me to receive sick pay. They said that I needed to take care of my personal business on my own time and that I could use a vacation day.

    What rights do I have to fight this because I feel they are violating my HIPPA rights.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 30, 2010, 07:39 PM

    First no, they are not violating your Hippa rights, unless they told others about your medical problems ( and even there, they would have to be medical professionals and tell others.

    So please take time to read HIPPA ( if you work in the health care field) but it relates to employees in that field.

    Your company has the right to appoint how days are taken,
    If you feel they are not following written company policy, Ask for the procedure to file an appeal to their decission.
    If your company does not have a policy for that, go see a higher management person, that can over rule them.

    So you learn a lesson, don't tell company in advance, merely call in sick.

    I have found it is much easier to merely do it the way they want, then to fight the stupidity of company rules

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