What are my rights if a doctor has provided written documentation stating that I should not return to work until a specific date but my employer wishes me to come to work?

I am physically ill and working can be a danger to me and to the clients that I serve.

Asked on April 5, 2017 under Employment Labor Law, Louisiana

Answers:

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

Answered 3 years ago | Contributor

The fact is that a doctor's note is not legally binding on an employer so it need not be honored them. In addition, a company is free to terminate an at-will worker who due to their absences since attendance is a basic job requirement. That having been said, such time off of work is protected if the employee uses available PTO (i.e. sick days or vacation time); the FMLA (Family and Medical Leave Act); the ADA (Americans with Disabilities Act); or workers' compensation laws. Otherwise, unless their exists a union agreement or an employment contract to the contrary, a business is free to set the conditions of the workplace much as it sees fit or deems necessary.


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