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pelletierja

employer not allowing a return to work

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Hello,

Yesterday I had an accident in the kitchen at home, causing me to lose the very tip of my finger. The doctor gave me a note saying I can return to work after 2 days and 10 days no heavy lifitng.

My employer told me that I am not allowed to return to work until my doctor gives me a note saying I've reached "maximum medical healing". Obtaining this note would cause me to miss significant time.

My question is, is this practice legal? Doesn't this violate my right to work? I'm not sure if it makes a difference but I work in New Hampshire.

Thanks

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I can't imagine that NH would have a law that prevents an employer from expecting you to produce a doctor's note that you're all healed up.  It may be the employer is worried about a workers' comp claim or related liability.  Please note that how far you want to rock the boat maybe should depend on how badly you need this job.  Best to keep in mind that your employer's free to let you go for no reason at all.

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The phrase “right to work” in U.S. employment law refers to laws in some states that prohibit requiring an employee to join a union in order to work for an employer. A private employer is not legally required to ever schedule an employee for work so as the reason for failing to do so is not something the law prohibits (e.g. discrimination based on race, color, national origin, religion, sex, age (if the employee is at least age 40), disability, or genetic test information under federal law). In short, you don’t have a right under the law to require the employer to schedule you for work. So, if you want to return to work, you’ll need to meet what the employer is asking for here unless the reason the employer is asking for this is one of the few that the law prohibits, like the illegal discrimination I mentioned.


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