What to do if an employer does not follow a doctor’s work restrictions?

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What to do if an employer does not follow a doctor’s work restrictions?

My girlfriend is pregnant and is dealing with a lot of health issues and pregnancy issues so her doctor ordered an 8 hour restriction that was faxed to where my girlfriend currently works but her employers are not following the work restrictions and are making her work over 8 hours. What can I do about this?

Asked on October 16, 2017 under Employment Labor Law, Kansas

Answers:

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

Answered 3 years ago | Contributor

Actually, there may not be anything that you can do about this. That is unless this action violates the terms of a union agreement or employment contract. Or your girlfriend's treatment constitutes some form of legally actionable discrimination. In other words, if she is being given extra hours just because she is pregnant, then she may have a claim but if these hours are the hours that she would have been scheduled for anyway, then regardless of her pregnancy, no law is being broken. The fact is that most work relationships are "at will". This means that a company can set the conditions of employment much as it sees fit; this includes not honoring a doctor's work restrictions.

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

Answered 3 years ago | Contributor

Actually, there may not be anything that you can do about this. That is unless this action violates the terms of a union agreement or employment contract. Or your girlfriend's treatment constitutes some form of legally actionable discrimination. In other words, if she is being given extra hours just because she is pregnant, then she may have a claim but if these hours are the hours that she would have been scheduled for anyway, then regardless of her pregnancy, no law is being broken. The fact is that most work relationships are "at will". This means that a company can set the conditions of employment much as it sees fit; this includes not honoring a doctor's work restrictions. 


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