Can my employer deny my layoff request per doctor’s request for proper treatment?

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Can my employer deny my layoff request per doctor’s request for proper treatment?

My doctor has typed a letter stating no work until further notice due to an illness since the meds are too strong for me to take while working.However, my employer will not allow early layoff as we are seasonal employees.

Asked on October 21, 2019 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your doctor is not an owner or executive of the business and has no authority over it. Your doctor cannot require the employer to lay you off early. You can quit or resign, of course, or use PTO (if you have any) or FMLA leave (if your employer is covered and you are eligible; you can find the rules for PTO on the U.S. Dept. of Labor website) but those are your only options; the employer does not answer to the doctor.


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