Can an employer deny an employee the right to return to work if theemployee hasa clearance from their doctor?
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Can an employer deny an employee the right to return to work if theemployee hasa clearance from their doctor?
My father was locked out of a steel mill by his employer, stating he is not fit to work. My father has been cleared by his medical doctorand his employer knows this but still has my father locked out of the mill. My father has been denied light duty by his employer; they have stated that there is no light duty position in the mill. Other employees have been on light duty. My father belongs to a union. The employer states light duty is a case by case situation but my father pays the same dues as every other employee. My father applied for sick and accident, which they denied. Is this legal?
Asked on August 25, 2011 Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your father has been approved to return back to work with his employer via a medical clearance after a work related incident, his employer is required to allow your father to return to work and must accomodate your father's condition for light duty work if allowed to by his treating physician under federal law, the "Americans With Disabilities Act."
It appears that your father has the right to return to work with his employer.
From what you have written, it sounds as if your father is being retaliated upon by his employer for union activities. It might be a good idea for your father to consult with an attorney experienced in labor law given the current problems he is having.
Good luck.
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