Legal Question in Business Law in Arkansas
Forced to go back while under doctor's care.
Is it legal for a company to force an individual to return to work while on medical leave ? I was forced to return one week early and was not yet released from my doctor after having surgery.
1 Answer from Attorneys
Re: Forced to go back while under doctor's care.
The question you have raised is complicated. There are several laws which govern medical leave and when you must return back to work. They are: Worker's compensation (if the condition was caused by an accident at work or your working conditions); The Family Medical Leave Act (FMLA)which gives workers up to 12 weeks of leave if they have a serious medical condition; depending on the type of illness or medical condition you have the Americans with Disabilities Act (ADA) could give you certain rights.
If you have not used up all of the leave or rights available to you under these Acts you could have some recourse against your employer. Each circumstance is different, please consult an attorney to give him/her more information so you can get a definite opinion on your specific situation. If I can be of any further assistance to you, please do not hesitate to contact me.
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