Can my boss refuse to let me work with a medical restriction note?

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Can my boss refuse to let me work with a medical restriction note?

I work in retail. I am being seen by my doctor for a concussion. She has written a work note to work 4 hour shifts for the next 2 weeks. I am still allowed to perform my usual duties just on reduced shift hours. My boss says he won’t work me until I am 100%. This comes a few days after I called out to go to the ER for the injury. At that point in time he told me I needed to come to work and sit at the front of the store on a stool. Can he refuse to let me work?

Asked on December 1, 2011 under Employment Labor Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a doctor's note allowing you to work for 4 hour shifts, your employer must accomodate. To do otherwise could be a violation of disabilities acts and just simple employment discrimination acts. You need to talk to the corporate HR if this is a retail chain. You should also talk to the labor department (employment department) in your state about such issues and see if they have case law, policies or any information that can help you. You may also wish to speak with legal aid or groups that handle related employment discrimination cases (i.e, it may not cost you anything to be represented by such groups). Your boss cannot fire you in retaliation.


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