Doctor’s note provided stating not to work irregular shifts.

If I have provided my employer with a doctor’s note stating that a changing work
schedule such as overnight shifts and daytime shifts within the same week may
be causing serious issues to my health, is it legal for them to keep scheduling
me irregularly?

Asked on March 21, 2018 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The fact is that a doctor's note is not binding on an employer; it can choose to follow it or not. Otherwise, unless you have protection under the terms of a union agreement/emloyment contract or your treatment constitutes some form of legally actionable discrimination, you have no claim here. Basically, a company can set the conditions of the workplace much as it sees fit. That having been said, if your condition rises to the level of a disability, then you may have a cause of action for discrimination under federal/state law and/or you may have protection under the ADA (Americans with Disabilities Act). At this point, you can consult directly with an employment law attorney who can best advise you further.


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