Comments on: Doctors note/certification http://www.humanresourceblog.com/2009/01/08/doctors-notecertification/ Where HR Professionals Seek Answers Mon, 15 Mar 2010 00:07:54 +0000 http://wordpress.org/?v=2.5 By: Caitlin http://www.humanresourceblog.com/2009/01/08/doctors-notecertification/#comment-14763 Caitlin Thu, 31 Dec 2009 00:13:28 +0000 http://www.humanresourceblog.com/?p=3830#comment-14763 Hi Yvonne! There is no law that an employee must be permitted to take a few days off for a minor illness such as a cold. If the employee has a serious health condition, she may be entitled to up to 12 weeks of unpaid, job-protected leave under FMLA. (However, FMLA applies only to employers with 50 or more workers.) If you require ongoing treatment such as physical therapy, by definition you have a serious health condition. The employer could be financially responsible for any further injury, since they are allowing you to work against medical advice. HTH, and thanks for reading the blogs!~ Caitlin Hi Yvonne! There is no law that an employee must be permitted to take a few days off for a minor illness such as a cold. If the employee has a serious health condition, she may be entitled to up to 12 weeks of unpaid, job-protected leave under FMLA. (However, FMLA applies only to employers with 50 or more workers.) If you require ongoing treatment such as physical therapy, by definition you have a serious health condition. The employer could be financially responsible for any further injury, since they are allowing you to work against medical advice. HTH, and thanks for reading the blogs!~ Caitlin

]]> By: yvonne http://www.humanresourceblog.com/2009/01/08/doctors-notecertification/#comment-14760 yvonne Wed, 30 Dec 2009 21:10:08 +0000 http://www.humanresourceblog.com/?p=3830#comment-14760 Is there a law for a person who has a doctors note not to work for a few days, gave the doctors note to her boss but felt pressured to work so she worked anyway. Is there a law for a person who has a doctors note not to work for a few days, gave the doctors note to her boss but felt pressured to work so she worked anyway.

]]> By: Caitlin http://www.humanresourceblog.com/2009/01/08/doctors-notecertification/#comment-12214 Caitlin Fri, 30 Jan 2009 23:03:23 +0000 http://www.humanresourceblog.com/?p=3830#comment-12214 Hi Lisa! Suppose John has a back injury. He returns to work after 4 weeks, without a written release. The work aggravates his back injury. Now, the injury may very well become a workers comp claim. Suppose instead, John had a heart attack. Two days after returning to work, John has a second heart attack and dies. If John had a release to return to work, the employer is not liable for the death. If John had no release, his survivor's attorney can argue that the employer is responsible for his death. The attorney can even argue that the employer pressured John to return to work, before he was medically able to do so safely. Every employer should always get a doctors release for an employee to return to duty after any serious illness. HTH, and thanks for reading the blogs!~ Caitlin Hi Lisa!

Suppose John has a back injury. He returns to work after 4 weeks, without a written release. The work aggravates his back injury. Now, the injury may very well become a workers comp claim.

Suppose instead, John had a heart attack. Two days after returning to work, John has a second heart attack and dies. If John had a release to return to work, the employer is not liable for the death. If John had no release, his survivor’s attorney can argue that the employer is responsible for his death. The attorney can even argue that the employer pressured John to return to work, before he was medically able to do so safely.

Every employer should always get a doctors release for an employee to return to duty after any serious illness. HTH, and thanks for reading the blogs!~ Caitlin

]]> By: Lisa C. http://www.humanresourceblog.com/2009/01/08/doctors-notecertification/#comment-12213 Lisa C. Fri, 30 Jan 2009 21:56:29 +0000 http://www.humanresourceblog.com/?p=3830#comment-12213 What potential liability would an employer face by not requesting a release to return to work? What potential liability would an employer face by not requesting a release to return to work?

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