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Leave denied by work

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.

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  • 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

  • ♥LovetheNewMe♥
    ♥LovetheNewMe♥

    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.

  • Thats All Folks
    Thats All Folks

    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

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If she already had FMLA in place to cover the initial surgery then she could've possibly got some of the follow up appointments covered. But, she didn't, and fills aren't considered "serious health conditions" so they wouldn't have to cover them.

I might also add that FMLA time isn't paid. It grants you up to 12 weeks of unpaid time per year. So, even if you do get it covered, by law they do not have to pay you for the time off. They only have to guarantee your job still be there when you return. (and actually, they don't have to guarantee your exact job even, only one of equal status and pay)

Because of this, I personally would rather take the day off as a paid personal day without dealing with all FMLA stuff.

I totally agree with ya Mis however they are not allowing her to do so. I was simply throwing the suggestion of fmla out there. She also stated drs appt wasn't sure if that was for a fill or follow up. Yvonne best of luck with your situation and I hope you have a good visit whenever you can get there !!

I'm confused. Why did you put appointment off for two months when there was a school break late December? Did you have Martin Luther King Jr Day off? I did but the dr office was open. I understand having your own kids maybe December break and the 3 day weekend are harder to go.

It's hard juggling health, work and family. I don't put work before my family or job, but I do try to balance everything. It's so hard. When you go to this appointment, can you take your school calendar with you? I open it up when I book appointments and try to make it on days off from work if possible. If you book the next 3 appointments well in advance, maybe you can get them on school closings.

I would reschedule for a day that fits with what your principal told you in the fall. You were told this wasn't acceptable months ago. Since your work calendar is pretty much set in stone, it should be easy to know which days are ok to miss and which aren't. I wonder if you have organizational issues, or are in a power struggle with your principal?

  • Author

I'm confused. Why did you put appointment off for two months when there was a school break late December? Did you have Martin Luther King Jr Day off? I did but the dr office was open. I understand having your own kids maybe December break and the 3 day weekend are harder to go.

It's hard juggling health, work and family. I don't put work before my family or job, but I do try to balance everything. It's so hard. When you go to this appointment, can you take your school calendar with you? I open it up when I book appointments and try to make it on days off from work if possible. If you book the next 3 appointments well in advance, maybe you can get them on school closings.

I put it off b/c we had testing at school, report cards, parent conference days, etc. I had an appt for over my break but they cancelled then I went on vacation for Christmas. Then MLK day, they cancelled on me again. My Dr's office is in San Antonio, I work/live 3 hours away. I don't have any family here to watch my kids for me to just up and go to the appts. My husband is overseas working. I have to schedule them only at certain times so I can drop kids off/pick up from school on time. Unless, I want to keep them out of school once a month for appts. and they can go with me. My Dr only has office hours half days (mornings) on Mondays/Fridays (for surgery). Plus my district has half days (1-2 times per month) for PD days which also cuts down on when "I'm allowed to take off".. We have PLC days on Thursdays and grade level meetings on Tuesdays (which she has said we can't take off for) so when does that leave me to take off for Dr appts? very little times.

I would reschedule for a day that fits with what your principal told you in the fall. You were told this wasn't acceptable months ago. Since your work calendar is pretty much set in stone' date=' it should be easy to know which days are ok to miss and which aren't. I wonder if you have organizational issues, or are in a power struggle with your principal?[/quote']

Just a little harsh maybe you could have private messages her with that one

Going by her original post, it's appropriate, her later posts clarified the situation a bit...still not a good idea to go toe to toe with ones boss.

  • Author

Not a power struggle.. I'm our grade level employee advocate and our campus employee advocate for the district so I do communicate with our principal on a regular basis about issues that come up. But I've never tried going against what she has said or requested. I've always put work in front of my family and health. I don't abuse the system. I've always been a rule follower. This one time, I think that I shouldn't be missing instruction time and testing. I was thinking I am putting my classroom children's needs first.

So according to my principal, I can't miss "special days" but those special days are Tues/Weds (planning days), Thurs for PLCs and then the 1-2 times a month for PD days. We've never had this many PD days scheduled where the kids are out. This is something new for us.

My follow-up appointments are covered under my FMLA, as my doctor said I would need them following surgery which was for a serious health condition (morbid obesity). I would talk to your HR department. Good luck!

I am a teacher as well and understand your struggle. I think it is best to try to schedule appointments on professional development days so your absence doesn't impact your students. But to be honest, if I was in your situation I would reschedule the appointment for another day. I you are out, they have to find someone to cover your classes, right? I would not go against the principal in this case. I am curious though if you are a part of a union....if so, what do they say?

Sent from my iPhone using LapBandTalk

  • Author

They said I could fight it since it was/is a medical issue. They did say they couldn't get the paperwork filed to help me out for Monday but could file it for future appts. I'm leaning towards calling my Dr's office on Monday, telling them whats going on and seeing if I can get some letter from them stating that my appts are medically necessary. (Morbidly obese, high blood pressure, diabetes which is under control since surgery, etc)

I don't want this issue anymore. I already feel guilty when I do take off, but to make me feel guilty for trying to take care of my family or myself, I don't like. I just don't like being made to feel like I'm a criminal especially when I've done nothing wrong other than want to take care of me.

I think you really need to ask yourself if it is really worth it. To me, it wouldn't be. To you it may be. I would think you would be sticking it to them more by taking a day on another day. Try thinking about what is best for you and your family, not what is best for your class. Is fighting with your principal really worth it, especially since she said no days off for professional days in September? Just my humble opinion...

Sent from my iPhone using LapBandTalk

Yvonne. I work in a Level 1 Trama hospital an its the same here with takinv time off. So if 1) its for a fill reschedule no biggie 2) FMLA does cover you for this especially if you have any co-morbidities. Its the FMLA thats called specifically Intermitent FMLA and 3) here in Mass. we also have a small neccessities act which is for fulltime workers to be able to get a day off for dr appts or for a childs school appt an such.

So at the end of the day it just depends on how far you want to take this an remember there is always repercussions to our decisions.

Good luck

If you used FMLA for your surgery then a follow up appointment MAY be covered if they don't want to get picky. But the more obvious question... Is it possible for you to get a dr who isn't 3 hrs away? Then you could go on your lunch hour or before or after work....

Long ago, I heard "You can be right, or you can be in a relationship." You probably need to be in this relationship (with your principal) since your job depends on it. Personally, I wouldn't fight her over this. As far as having a tough class that subs don't want to come to, too bad. Make your appointment during one of the few days you have available to you and go. Getting coverage for your class in your absence is not your problem. Another option is to let them dock your pay for one day's pay (in our district it's the cost of the sub) and add that (in your mind) to the cost of seeing your doctor. Some hills are not worth dying on.

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