Can my employer request a new medical certificate while i am already working under one.

several months ago i was diagnosed with sleep apnea. The issue caused me to have
occasional seizures in my sleep. My employer had me turn in a medical
certificate to show i was fit to work, and things seemed normal. Last week a
seizure happened. My manager got wind of it and requested that i turn in a new
certificate and says i can not work until i do. Is this normal or should i be
concerned.

Asked on March 3, 2017 under Employment Labor Law, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is reasonable: you state that you just had a seizure. Having  seizures can be disruptive at work and can poses risks of liability to the employer, if the seizure causes you to inadvertantly injure another, damage property, or even hurt yourself on the employer's premises. If they are aware that you  had a seizure, they can keep you out of work until they get some indication that it is safe for you to be there. Medical conditions evolve over time--some getting better, some worse. There is no reason why an employer cannot require an update; the original certificate does not necessarily "last" forever, as medical conditions change.


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