I've tried searching around for some information on this but can't find anything relevant and was hoping someone out there in EF land could help me
I am 4 months pregnant and currently work as a nanny. I can only make my regular monthly doctor appointments during my work hours and therefore am having to leave work early in order to get to these. My boss has just told me that she has an issue with this and wants to discuss this tomorrow. Before I start discussions with her I would like to know where I stand legally.
Obviously, she can't stop me going to these but can she ask me to take the time off as unpaid or even ask me to make the time up?
Maybe she'll be wanting to check that her husband isn't involved...
AFAIK, an employer can ask you to use some of your pregnancy leave allowance towards Dr appointments before the actual birth, i.e. you can take time off before giving birth, but it counts towards the actual time you get off later... However, IMO it would be a pretty shitty employer to do so.
However, I'm no expert, and there's plenty of shitty people around...
As per jurisprudence, the absence due to treatment at a doctor (or on medical prescription, at a physiotherapiest or other) "aiming at the maintenance of the work capacity" is to be considered an impediment not due to the employee's will, as per art. 324a Code des Obligations. (as long as you have been working for more than 3 months).
In such situation, the right to the salary subsists, and no compensatory work can be requested.
However, it remains your responsability to attempt to find a time that will not impact your working time...
And here in lies the problem. The OP is paid to take care of the kids when the parents are at work. If the OP can't take care of the kids then the parents can't work. I imagine OP will have to work with the parents to find times that are mutually convenient. What time are you making your appointments?
I'm making the appointments for 4pm, which is the latest one my doctor does and therefore minimises the time I have to take off work. I agree it is unfortunate I have to make them whilst I should be working but as my doctor only works the hours I do then I don't really have any choice.
I can see it from my bosses point of view too but they are only monthly appointments, and made 2 months in advance so I can give plenty of notice for them.
I have weekly doctors appointments and when I mentioned to my doctor that my boss was OK, but we should try to keep them short he said simply that the law states you are entitled to go to doctors even in work hours. No questions and no arguments.
Try to get appointments out of work hours but if you can't then don't worry about it, the law is on your side.
Yep I met with her and we agreed that from now on I'll swop my working days around, so whatever day my appointment is on will now become one of my days off. hope that made sense!