If you are fit to do your jobbut your employer still forces you to go on short term disability, does that constitute discrimination?
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If you are fit to do your jobbut your employer still forces you to go on short term disability, does that constitute discrimination?
My husband was told he had to do a fit for duty test, which he past – twice- but his employer has still forced him to go on short term disability because of the medication he take, however, doctors said he was fit.
Asked on March 7, 2012 under Employment Labor Law, Nevada
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
One's employer cannot force an employee to go on short term disability. Rather, if the employee's doctor places the employee on disability, then the employee has the option to go on disability or not.
In answer to your question specifically, it is up to the employee to elect to go on short term disability per doctor's written orders, it is not the employer's determination.
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