QUESTION
Does a medical release notes has any bearing for returning to work?
Asked on Aug 16th, 2013 on Labor and Employment - Montana
More details to this question:
Due to a chronic back problem, I am covered at work with FMLA. My doctor has restricted my work hours to 8 and 1/2 hours per day. I recently missed three (3) work days due to my covered condition. I brought a doctor's note when I reported back for duty, but was sent home because my supervisor said the doctor's release wasn't worded correctly, and insists that I tell my doctor what to write on a new release and also insists that the new note specifies 'may return to work with no restrictions'. I don't believe I have the authority to do that. Am I correct? Thank you very much.
4 ANSWERS
Labor and Employment Litigation Attorney serving Beverly Hills, CA
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Thomas & Associates
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Insisting on a release with no restrictions is possibly illegal.
Answered on Aug 28th, 2013 at 3:42 PM
I know of no law that prohibits the employer from doing this. Having a doctors note and an injury does not protect your job they may still discharge you.
Answered on Aug 28th, 2013 at 3:42 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Of course you are correct that the supervisor cannot tell the doctor how to do their job or what your medical needs really are. But the supervisor can say that the way the doctor's restrictions are written prevents you from doing your job. They can insist on a change in restrictions, but probably not a complete release of all restrictions. You can ask your doctor to release you from some or all of the restrictions. It's up to the doctor whether they will do it.
Answered on Aug 28th, 2013 at 3:42 PM
Charley Carpenter Carpenter Law Firm plc Missoula Montana 59802 406.543.0511.
Answered on Aug 28th, 2013 at 3:42 PM