If my doctor has me on 8 hour shifts but I have had to work longer and now they need me for 6 days this week, is that legal?

UPDATED: Feb 13, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 13, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my doctor has me on 8 hour shifts but I have had to work longer and now they need me for 6 days this week, is that legal?

My boyfriend broke his leg and his doctor put him on 8 hour shifts instead of the 10 hours he usually works. He has had to stay late and now this week, they want him to come in on his day off. Are they able to legally do that?

Asked on February 13, 2012 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, the employer almost certainly can do this. To begin with, employers have the right, subject only to any employment contracts, to set hours, shifts, days off, etc.--which includes the right to make employees work late or on their nominal or normal days off. (If the employee is hourly, he must be paid for all hours worked, of course; and if he is eligible for overtime, he must be paid overtime as applicable--i.e. if he works more than 40 hours in a week.)

Second, a doctor's note has no general legal effect. The doctor is not a executive or manager at the company--he has no authority to bind it or to tell it how to employ or deploy its people.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption