work not honoring a doctors note

[blissfubets]

What is the name of your state? ME
I am 23 weeks pregnant with #2. I work 3 days a week 12 hour days. The last day I work is Monday and I am scheudled to work until midnight. Due to additional stress on my body, my doctor does not want me to work past 10 pm. I rarely get out at midnight - it's usually much later (between 1-4 AM). I am at risk for a preterm labor as I have a history of it. The added stress puts me at a higher risk. My employer will not let me out of work at 10 PM. Do they have to follow the doctors recommendation?

 

[cbg]

Based on your description of the facts, no, they don't. It often comes as a surprise to many people to learn that their doctor does not run their employer's business, but he doesn't. With rare exceptions, a doctor's note has no force in law.

It also surprises many people to learn that being pregnant gives them no special rights. Rather, the law requires that you be treated exactly the same as if you were not pregnant. If your regular schedule requires that you work past 10 and if others in your position and with your schedule have to work past 10, then guess what? You have to work past 10 too.

If there is a medical reason why you cannot work past 10 pm and a business reason why you must, you may need to apply for intermittant FMLA for those extra hours. This will reduce the amount of protected time you have available when the baby is born, but it is the only way your employer can be forced to release you early. The time will also be unpaid unless your employer applies sick or vacation time to it, which will also reduce those time banks.

You can ask your HR department for the appropriate forms and your doctor will need to complete them.