If I am on medical leave from workbut my boss is requesting me come to work, what are my rights?

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If I am on medical leave from workbut my boss is requesting me come to work, what are my rights?

Asked on December 30, 2011 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are under doctor's order stating that you are unable to return to work, you are unable to return to work based upon medical reasons. I would send a copy of the medical excuse to your employer stating that you are not able to return to work presently.

I would also request that your treating physician state in the medical release an estimated return date for you to be provided to your employer. In a nutshell, your employer cannot realistically expect you to return to work if you are on documented medical leave.


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