I work in a small, upscale restaurant in Colorado. One of the servers I work with has been there for about 3 months, and she is pregnant. Her doctor said she can't lift trays, so in order for her to work, everyone has to run her food for her. The boss offered her a position where she wouldn't have to lift trays, but she refused it. Now the boss wants to see a doctors excuse saying she doesn't have to lift trays. Is this legal? We have about 20 employees at the restaurant.

Thanks

Is is legal for the employer to require a doctor's note specifying the employee's limitations as relates to the job? You bet it is. And if the doctor provides it, the employer would be stupid to let the employee continue doing that which the doctor says she cannot do.

Her employer offered her a job within her restrictions and she refused it. That would make me suspicious as well.

Thanks for the quick replies. The reason she refused the lighter duty position is that she doesn't think she'll make as much money as she does as a server. She probably won't, but is it really fair for the rest of the staff to have to run all of her food for her? I mean, we don't mind some of the time, but when everyone is really busy, it's pretty tough. The owner actually made up a position to give her in the office, because there just wasn't anything else. Like I said, we are a very small business. Any suggestions?

This employee is shooting herself in the foot. Pregnancy is not a condition for which the employer is required by law to provide accomodation. Nor does she have the legal right to refuse work that is within her restrictions and suffer no consequences.

Your employer is being very smart. He is getting all his ducks in a row before he takes any further action.