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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.