Can my employer refuse to let me come back to work if I have been released by my physician?

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Can my employer refuse to let me come back to work if I have been released by my physician?

I was off on FMLA, my physician wrote for me to return to work without restrictions, now my employer is refusing to let me come back without an Independent Medical Evaluation, but they will not make the appointment. I have no sick time to draw from and no income.

Asked on May 14, 2009 under Employment Labor Law, Michigan

Answers:

GW, Member, Michigan and Hawaii Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This question is more complicated than it first appears. First, you haven't told us whether you are part of a union. A collective bargaining agreement may change the applicable rules here. Second, you haven't told us what the condition was for which you sought FMLA leave. I suggest you contact the Department of Labor and ask them about your specific situation: http://www.dol.gov/dol/topic/benefits-leave/fmla.htm#doltopics or contact a labor and employment lawyer about it.


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