Xjyuk

I need to go to the doctor sometime in the next two weeks for a somewhat urgent matter. The only specialist in my area is only available between 10-4 on weekdays, and I work 9-5 for a manager who loves to say no to everyone just to feel like he's in control. One of my coworkers was recently let go for getting in an accident and going to the ER during work hours without permission. I'm currently looking for a new job but it's impossible to get any time off to interview so I'm limited to companies that can schedule phone interviews outside the 9-5 window.

I've told my boss that I need to go to the doctor, and he said it has to be outside work hours. If I miss an hour of work he'll fire me. The HR representative I then spoke with said since it's at-will that is a legitimate reason to fire someone, and he's just unreasonable and aggressive with everyone so they don't want to challenge him.

I need health insurance to cover these expenses so quitting isn't a good option.

Going to a different doctor isn't possible, and my doctor can't change his hours. Please don't suggest that.

The thing I'm asking for is how to convince my manager to let me take time off. How can I do that?

I am located in New York state (not NYC).

If you have to go, then notify him and go.

Explain that it is urgent, and is dangerous to your health if you do not go.
If possible, give him enough notice so there is coverage for your job (if your job requires it).

If you don't notify him, you can probably be fired for that.

(Leaving without notifying him = unexcused absence.)

If he fires you, he fires you and you get a lawyer. Your health isn't worth the job or the money.

Money and jobs can be fixed... not certain what the implications are of you not getting medical attention in the next two weeks... but you make it sound dire.

You don't have to worry about the health insurance.

COBRA (a Federal law) requires your insurer to offer the same coverage to you with no markup(1) for a period of time and you get sixty (90?) days to say you want it and pay the premium (assuming you want to continue it).

I am not a lawyer (IANAL) but it sounds like your HR person is going to get the company sued soon, may as well be you that does it. Or s/he may know, and be bluffing to cover for the (idiot) manager.

NOTE: Don't be careless about this

If you do something like disappear, they may be able to fire you for that.

You can turn around and sue them based on ADA, but that is harder and more expensive to prove (remember IANAL).

1 = You'll have to pay your portion + whatever your employer is paying.

I don't know what your medical condition is - nor do I want to know.

Submit the request in writing. Use email. Get the response in writing/email. Document. Document. Document.

Most employers give PTO (paid time off). You don't have to tell them why you're taking a day or half-day. It is none of their business. If this applies to you I would pointedly ask your HR person what the point of PTO is if you're not allowed to use? Don't put up with any bulls**t about 'at-will' employment - it's your time so you can use for whatever reason.

If you're getting sick pay instead of PTO then you just use. Having to see a doctor should qualify as 'sick'. Make sure to get a note from the doctor.

I would ask the HR-dweeb what happens if you collapse while at work after your reasonable request was denied. The liability to the company can be huge. My brother (a carpenter) was once working as a sub-contractor on a project when the foreman for the general contractor behaved this way. Someone else on the crew had a dizzy spell during the day. he asked to go to the ER which was denied. The guy fell and was seriously injured. Thankfully he did not die. The general was assessed a very large fine from OSHA and the worker sued and got several hundred thousand dollars.

This seems extremely unreasonable. If someone was ill, how are you meant to get to work if you have a immobilising condition?

Tell your manager that you're extremely ill and need urgent consultation and medication which requires you to go to the doctors.

If your manager says no, just take a sickday (I'm not condoning lying but if he's really that bad then sometimes you just have to). IANAL but I can't see many places in the world not allowing sick days as it will cause you to be fired, we're human. With this, just contact a lawyer if you are fired.

The thing I'm asking for is how to convince my manager to let me take time off. How can I do that?

You can't. Your manager is a jerk, plain and simple. If he is willing to fire someone for going to the ER, he would have no issues firing you for something less extreme.

Schedule your appointment, let your manager know that you are going ( in writing ) and then go. Don't worry about what he says or does, your health is more important than anything else.

In the meantime, you need to speak to a lawyer regarding any state or local laws regarding sick leave that may be in place to protect you from people like your manager. There may be a law that legally prevents this sort of behavior which you can approach HR with. Regardless, brush up your resume because this is a company that even if you survive this incident is not worth working for.

If I understand that comment correctly:

My employer does offer PTO but no one's ever actually been paid after taking Paid Time Off. It just sits in the time card website waiting to be approved

You can take day off for going to doctor. Then actions go like this:

1. Take a day off


2. Visit doctor


3. Update your resume


4. Start looking for new job


5. Come back to work


6. Get a new job