Part time employer right to ask for doctor’s release to return to work

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Part time employer right to ask for doctor’s release to return to work

My wife was asked to provide a signed doctor’s return to work form even though
she is condered part time 24 hours/ week and is not elligible to for paid time
off or FMLA benefits. is it legal for her emplo0yer to require this?

Asked on July 11, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

Most employment is "at will". This means that an employer can set the terms of employment much as it sees fit. This includes mandating that both full and part-time employees provide a doctor's release to return to work. This is true unless this action violates the terms of an employment contract or union/collective bargaining agreement or in some way constitutes some form of legally actionable discrimination.


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