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Worked against Dr's instructions - Pennsylvania

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  • Worked against Dr's instructions - Pennsylvania

    Hi, I just needed help to find out if this is against the PA Labor Laws: On one occasion, I had a severe ear infection, and saw a doctor who gave me time off to recover. I called my boss and told her the situation. She said she wouldnt have anyone to cover for me and that she didnt want to cover for me unless she had to. Well I went to work anyway just to shut her up and so she would decide to fire me or something. Now on the second occasion, I was supposed to be out of work for about 2 weeks due to a back injury caused at home. Keep in mind that I was medicated and have to drive to work and drive to 2 different job sites. Well my boss gave another lame excuse but suggested that my husband work with me. Him doing the sweeping, mopping and trash, then me doing the dusting and wiping. Well, I didnt want to make her mad and fire me so I agreed. this was a couple months ago. Now I asked her today for a raise, but she said its not likely and if it was it wouldnt be for a while yet and only for .25. I feel that after working for over 1 year with her and scratching her back the way i do, and i hardly call off and if i do its a legitamate reason but i make up for it to make her happy because she never wants to cover for me, i deserve a raise. Im very upset and believe that asking me to work while injured with docs note is illegal. Any answers for me? thanks

  • #2
    Im very upset and believe that asking me to work while injured with docs note is illegal.

    Sorry, but you are mistaken. On paper, no laws of any kind have been violated. Your doctor does not run your employer's business. He can recommend that you take/be given time off, but your doctor does not have the authority to give you time off or take you off work. A doctor's note has no force in law except in very limited circumstances.

    To determine whether or not these circumstances apply, you will need to answer the following questions:

    1.) How long have you worked for this employer?
    2.) In the last 12 months, have you worked a minimum of 1,250 hours?
    3.) How many employees does your employer have within 75 miles of your location?
    4.) In the first instance, the one with the ear infection, how long did your doctor recommend you be off work?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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