I worked in correspondence department for over 9 years with my employer. Four weeks ago everyone in my department was told our job titles have been changed and everyone has to now work 4 hours in call center everyday to collect money from patients. Since then I have been having migraines, anxiety and panic attacks. I was out of work 03/04/16 due to headaches and weakness. Then I had to call out sick again 03/10 and 03/11/2016 and went to doctor for sinuitis and was put on antibiotics. Went back to work that Monday, went to HR to request FMLA papers and gave dr's note. My doctor put me on 3 prescriptions. She also wrote a note stating due to medical conditions I am not to be on the phones working in the call center. Upon returning to work, our HR lady said my note didn't mean anything without FMLA papers. I told my boss I am not going against my doctor's orders and that's when I was told from HR, I still need to work in call center and they cannot accomodate my needs! What do I do?
Your employer is not required to follow your doctor's medical orders except under two circumstances. First, if you have a serious health condition and are eligible for coverage by the Family and Medical Leave Act (FMLA). The FMLA provides covered employees who work for covered employers with up to 12 weeks of leave for a serious health condition. Not all employers and not all employees are covered by FMLA. The serious health condition can be the employee's own or of an immediate family member. If an employee on FMLA is able to return to work in 12 weeks or less, then the employer must return the employee to the same or equivalent position. Employees are also allow to take FMLA on a intermittent basis (here and there as needed).FMLA makes it unlawful for a covered employer to interfere with an employee's FMLA rights or leave or retaliate against an employee for exercising FMLA rights.
Second, if you have a disability, your employer may have to accommodate that disability under the Americans With Disabilities Act (ADA). The ADA prohibits discrimination against employees or applicants for employment due to a disability. The ADA also requires an employer to provide a reasonable accommodation to an employee or applicant with a disability that will allow the person to perform the essential functions of the job.
Employers are allowed to change the nature of any job at any time as your employer did. However, if you are covered by the ADA, your employer will have to provide you with a reasonable accommodation if there is a reasonable accommodation available. In general, simply excusing you from completing a large portion of your job duties (4 hours of work per day) will not be reasonable. Even so, there may be other accommodations the employer can make. Speak to an experienced employment attorney for more specific quidance.
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