Legal Question in Employment Law in Connecticut
Timeliness of Doctor's Note for Return to Work
If employer asks for return-to-work note following a short sickness (2 days or less), must Dr. note be in hand upon return to work? It's' difficult to get Dr appts on short notice, so can note be obtained AFTER returning to work? Supervisors punish Union workers who use sick time (poor perform. reviews). Union Rep wants employee to wait til return to work to discuss reason for Dr Note, so employee can exercise Weingarten Rights to protect from possible discipline/adverse consequence.
How can Dr certify employee is ok to return to work if employee sees Dr while still sick? What if Employee cant see Dr right away, but is willing at first opportunity?
1 Answer from Attorneys
Re: Timeliness of Doctor's Note for Return to Work
This sounds like something your union rep or shop steward should be helping iron out. It sounds like you want to return to work without a doctor's note, with the understanding that a doctor's note will be obtained some time in the future. If you are going to see a doctor after you are sick, and if the doctor is going to give you a note based on your telling him, "I was sick last week for two days and these were my symptoms, but I got better," how is the employer going to be assured you were in fact sick? The employer wants a doctor to see you while you're suffering from the condition that prevents you from working.
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