Employer Disregarding Doctor's Order

[she2003]

What is the name of your state (only U.S. law)? CA

I am under doctor's order to work no more than 45 hours per week. Yes, not a typo, 45 hours. Eight hours a day is tough, but due to fear of retaliation, I wanted to give my employer some flexibility. I have just ended another 12 hour day. The employer is completely disrespecting the doctor's order and has done nothing to reduce my workload. I did file with FMLA. Is it illegal for the employer to completely disregard my illness and still expect me to work these ridiculous work hours? It's killing me. Thanks

 

[cbg]

Your doctor does not run the employer's business and outside of FMLA, a doctor's note has no legal standing. Yes, unless FMLA applies, it is quite legal for an employer to disregard a doctor's "order".

45 hours a week is not exactly overwhelming. I work far more than that every week. I know quite a few people who would think they were on vacation if they were only working 45 hours a week. What is your illness that 45 hours is considered 'ridiculous'?

 

[Rhubarb297]

What is the name of your state (only U.S. law)? CA

I am under doctor's order to work no more than 45 hours per week. Yes, not a typo, 45 hours. Eight hours a day is tough, but due to fear of retaliation, I wanted to give my employer some flexibility. I have just ended another 12 hour day. The employer is completely disrespecting the doctor's order and has done nothing to reduce my workload. I did file with FMLA. Is it illegal for the employer to completely disregard my illness and still expect me to work these ridiculous work hours? It's killing me. Thanks

The employer isn't bound by "doctor's orders" and neither are you by the way. It's a catchy saying - "doctor's orders" - but it has no legal effect.

It's possible that your health situation though does require accomdoation by your employer under the ADA. You should talk to an attorney and provide him/her with a lot more information than you have here regarding the nature of the medical problem.

 

[Dougsa80]

Yes

Don't listen to these people. Especially in a federal job a doctors note absolutely has to be listened to. The union contract has specific laanguage that deals with the health and safety of employees, if they are ignoring your doctors orders they are ciolating the contract. Call EEO if you are a federal employee for help. If not get a good lawyer

 

[Zigner]

Don't listen to these people. Especially in a federal job a doctors note absolutely has to be listened to. The union contract has specific laanguage that deals with the health and safety of employees, if they are ignoring your doctors orders they are ciolating the contract. Call EEO if you are a federal employee for help. If not get a good lawyer

I'm sure the matter was resolved at SOME point in the last 6-1/2 years

Great first post there

 

[cbg]

Not to mention the fact that there is absolutely no indication that the OP was a Federal employee, or a union employee.

There is STILL no law, other than FMLA, where the doctor gets to tell the employer how to run his business.