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Is this legal?

Discussion in 'Medical Leave & Disability' started by Mistical, Jun 21, 2016.

  1. Mistical

    Mistical Law Topic Starter Guest

    A friend of mine has been off work with FMLA for eight weeks. The company requires a fit to work exam with their Occupational Health doctor. This doctor has recommended that she work no more than 20 hours per week for at least two weeks, pending a recheck with the Occupational Health doctor. This was her first week returning to work. She was scheduled to work over the 20 hour allotment recommend by the doctor. She works twelve hour shifts and was mandated 4 hours over both of those shifts. When she called and spoke with her supervisor about the doctor recommendation, she was told that they wanted her to return tonight to work yet another twelve hour shift. This will be above and beyond the recommendation. Is this a legal practice, for a company to go against their Occupational Health doctor? Are their fit to work laws in Michigan? Would this violate her FMLA?
  2. cbg

    cbg Super Moderator

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    A doctor's recommendation does not have the force of law. In any state.

    That being said, while it does not violate the law it would appear to be a foolish move on the part of the employer since IF she re-injures herself they could be held liable. (Workers comp - not lawsuit)
  3. ElleMD

    ElleMD Well-Known Member

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    One caveat- if a doctor certifies that she qualifies for FMLA, the scheduled but unworked hours would be FMLA as she still has 4 weeks remaining for the year. FMLA is 12 weeks but may be taken intermittently. Employee has used 8, and 4 remain. If scheduled for 24 but the doctor limits to 20, the remaining 4 hours would be applied to those 4 remaining weeks of FMLA.
    cbg likes this.

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