Doctor’s note provided stating not to work irregular shifts.

UPDATED: Oct 1, 2022

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Doctor’s note provided stating not to work irregular shifts.

If I have provided my employer with a doctor’s note stating that a changing work
schedule such as overnight shifts and daytime shifts within the same week may
be causing serious issues to my health, is it legal for them to keep scheduling
me irregularly?

Asked on March 21, 2018 under Employment Labor Law, Florida


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

Answered 4 years ago | Contributor

The fact is that a doctor's note is not binding on an employer; it can choose to follow it or not. Otherwise, unless you have protection under the terms of a union agreement/emloyment contract or your treatment constitutes some form of legally actionable discrimination, you have no claim here. Basically, a company can set the conditions of the workplace much as it sees fit. That having been said, if your condition rises to the level of a disability, then you may have a cause of action for discrimination under federal/state law and/or you may have protection under the ADA (Americans with Disabilities Act). At this point, you can consult directly with an employment law attorney who can best advise you further.

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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