Can an employer refuse to let an employee return to work if they have a medical note clearing for full duty?

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Can an employer refuse to let an employee return to work if they have a medical note clearing for full duty?

Can the employer also tell the employee they must take no pay or use their vacation time until the employer feels they are ready to return?

Asked on January 15, 2013 under Employment Labor Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The employer can refuse to allow the employee to return to work despite medical clearance to do so. Likewise the employer can mandate that the employee receive no pay or take vacation time while he or she is away from work. Whether such is legal under the laws of your state or not seems questionable in light of the medical clearance to return to work and if work is available.

Based upon what you have written, I sugegst that you consult with a labor law attorney and/or a representative with your local department of labor to see what your legal recourse is.


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