Can my employer call me into work before I am cleared by my doctor?

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Can my employer call me into work before I am cleared by my doctor?

My employer called me Monday before I had my follow up at the doctor’s office to ask me to work for another employee who was sick and needed to leave. My follow up appointment was for that coming 7/28. I was released to light duty on 8/1 for 2 weeks and 7/29 once again my employer was calling me trying to get me to work again. Is this legal?

Asked on July 29, 2011 South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is legal for your employer to call you into work before you are cleared for work by your doctor, however for him or her to do so is not a wise idea from a relationship standpoint between employer and employee.

You need to advise your employer verbally and then in writing that you are not able to return to work until a certain date per doctor's orders and that in all likelihood when you are able to come back to work, you will only be able to work light duty for several weeks depending upon how your condtion improves.

If he needs to be kept up as to your status, advise him or her that you will do so and that you will be returning to work tentatively on a stated date.

Good luck.

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is legal for your employer to call you into work before you are cleared for work by your doctor, however for him or her to do so is not a wise idea from a relationship standpoint between employer and employee.

You need to advise your employer verbally and then in writing that you are not able to return to work until a certain date per doctor's orders and that in all likelihood when you are able to come back to work, you will only be able to work light duty for several weeks depending upon how your condtion improves.

If he needs to be kept up as to your status, advise him or her that you will do so and that you will be returning to work tentatively on a stated date.

Good luck.

 


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