Can my employer refuse to let me come back to work if I have been released by my physician?

UPDATED: May 14, 2009

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Can my employer refuse to let me come back to work if I have been released by my physician?

I was off on FMLA, my physician wrote for me to return to work without restrictions, now my employer is refusing to let me come back without an Independent Medical Evaluation, but they will not make the appointment. I have no sick time to draw from and no income.

Asked on May 14, 2009 under Employment Labor Law, Michigan


GW, Member, Michigan and Hawaii Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

This question is more complicated than it first appears. First, you haven't told us whether you are part of a union. A collective bargaining agreement may change the applicable rules here. Second, you haven't told us what the condition was for which you sought FMLA leave. I suggest you contact the Department of Labor and ask them about your specific situation: or contact a labor and employment lawyer about it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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