Can an employer deny an employee the right to return to work if theemployee hasa clearance from their doctor?

UPDATED: Aug 25, 2011

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Can an employer deny an employee the right to return to work if theemployee hasa clearance from their doctor?

My father was locked out of a steel mill by his employer, stating he is not fit to work. My father has been cleared by his medical doctorand his employer knows this but still has my father locked out of the mill. My father has been denied light duty by his employer; they have stated that there is no light duty position in the mill. Other employees have been on light duty. My father belongs to a union. The employer states light duty is a case by case situation but my father pays the same dues as every other employee. My father applied for sick and accident, which they denied. Is this legal?

Asked on August 25, 2011 Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your father has been approved to return back to work with his employer via a medical clearance after a work related incident, his employer is required to allow your father to return to work and must accomodate your father's condition for light duty work if allowed to by his treating physician under federal law, the "Americans With Disabilities Act."

It appears that your father has the right to return to work with his employer.

From what you have written, it sounds as if your father is being retaliated upon by his employer for union activities. It might be a good idea for your father to consult with an attorney experienced in labor law given the current problems he is having.

Good luck.

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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