dasani
06-24-2006, 06:28 AM
I was newly diagnosed with a disease that requires me to take medication and do testing at certain intervals of time. My Doctor's (3) have all agreed that I need to be on one consistent shift for at least 6 months until I get my meds in working order. I do have a note and my employer has a copy. To this day they have not honored this Doctor's request. I work a variety of different shifts (hospital) and I am just wondering what rights I have. I need to get some consistency or this disease could get out of hand in a second. Any advice would be wonderful. Do I contact my Dr's and let them know what is going on and let them handle it? Oh and they also went to employee health and asked a Dr. there his opinion and he agreed I need consistent shifts; and he doesn't even know my medical history.
TIA
Despite what many people fondly believe, a doctor's note has no force in law. The fact that you have a doctor's note does not legally require the employer to follow what it says.
Ask your doctor if your condition would qualify you as disabled under the Americans with Disabilities Act. If so, then you need to identify yourself to your employer as being disabled under the ADA and formally request an accomodation. BUT EVEN THEN your employer does not have to give you the accomodation you want or that your doctor recommends, only one that works.
PAN1701
01-13-2007, 09:57 PM
Do you have a union? Have you consulted an attorney? If so what did they have to say?
PAN1701
01-13-2007, 10:04 PM
I work shift work also. I have a DR's note saying I need to be on a constant shift. If I had brought that to my employer (which I didn't), I would have been terminated because there would be a question if I could to my job properly. And because a DR said I was suffering because of the "shift work", it would have been grounds for termination. Pretty sad after putting in so many years. And there only alternative is termination. That's the thanks we get!
Pan, did you happen to notice that this thread is from back last June?