Can a Employer ignore a docters note for restricted duty?

UPDATED: Oct 1, 2022

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Can a Employer ignore a docters note for restricted duty?

My wife has problems with her legs when she
work to many hours. She got an excuse from her
Doctor stating that she is only able to work 8
hours a day. Her employer is refusing the note
and is still mandating her to work 12 hrs. This
is in N.Y.state.

Asked on April 29, 2019 under Employment Labor Law, New York


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

Answered 3 years ago | Contributor

Federal law requires that employers attempt to accommodate a workers’ restrictions whenever possible, unless doing so would place an undue burden on them So basically, whether or not your wife's company need follow her work restrictions depends on whether such a restiction would prohibit her from adequately performing her duties and whether her employer is covered by the laws (as a genreral rule the smaller the company the less likely it is accountable to these statutes). At this point, she should consult directly with a local attorney who is experienced in labor matters; many offer free initial consultations for this type of matter. 

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 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.

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