Hello, I'm currently a CNA in the state of Iowa. Recently I was disgnosed with Bronchitis, and was given a Doctor's note to have the weekend off and return to work the following Monday. Upon returning to work, I was told that my Doctor's note didn't matter, and they counted the days I had off towards my "Call Ins". Is this correct? They are also telling me, that I will be forced to work this coming weekend because I "Called In". Is this legal? I feel like this is completely illegal as they counted my Doctor's note against me? Some advice would be greatly appreciated.
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Managers not following Doctor's Note
- Thread Starter BKill
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KatDini
Well-Known Member
Yes, it's legal. Check the policies and procedures manual if you think it goes against the facility's HR policies, but I have a feeling that it doesn't. (And even if it isn't mentioned in the P&P, it's still legal.)
cbg
Super Moderator
Unless FMLA is involved, a note from your doctor has as much legal weight as a note from me would.
Betty3
Well-Known Member
Yes this is legal unless you have a binding employment contract to the contrary (doubtful).
army judge
Super Moderator
You can't be FORCED to work.
They can schedule you to work.
You can choose not to work, which might FORCE them to terminate you.
The way I see it, you are in complete control of what they are FORCED to do to you.
Only a select few in this country were ever FORCED to work.
They were called slaves.
Thankfully slavery was outlawed, and NONE of us are FORCED to do anything we don't CHOOSE to do.
So, you can decide if you CHOOSE to work this weekend, which we likely FORCE them to make a choice.
Oh this life we lead, so darn confusing at times, isn't it?
A doctor's note is not a free pass to get off work without consequence. Your employer can count it as an absence as they would any other unscheduled absence. If you called out, chances are someone else had to give up their weekend off to come in, or had to pull double duty. Having you work this coming weekend to make up for it is entirely legal and very common in your field.
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