Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Due to a recent accident, I am physically unable to work more…

Customer Question
Due to a recent accident...
Due to a recent accident, I am physically unable to work more than 8 hours a day. I have a note from my Dr stating this. Does my employer have to comply with this restriction
Submitted: 8 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
6/28/2010
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,623
Experience: Employment/Labor Law Litigation
Verified
Your employer can not force you to work more than 8 hours, but the employer can state that being able to work more than 8 hours is a requirement of the job and if you can not meet the requirements of the job, you can be terminated.

Certainly, you can take FMLA on an intermittent basis to cover some of the time off (assuming that you've been there a year and your employer has more than 50 employees and that you're doctor will certify you for FMLA leave). The ADA does require accommodation for disabilities, but if you are not disabled you can use that law. Even if you are, the employer only has to give you reasonable accommodations to meet it's requirements...it doesn't have to change its requirements.
Ask Your Own Employment Law Question
Customer reply replied 8 years ago
Could you clarify " The ADA does require accommodation for disabilities, but if you are not disabled you can use that law.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
The ADA does require accommodation for disabilities, but if you are not disabled you can not use that law. You'd have to have a disability to demand accommodation.

That being said, altering expectations, meaning accepting fewer hours from you than they want, is not an accommodation. An accommodation is something that allows you to meet their expectations, like a computer screen that makes the letters bigger for those with poor vision....or a special chair....or more breaks during the day, made up with by a longer day.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,623
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
Thank you
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
No problem.
Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,623
20,623 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,623 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Question about STD from work. I have been off work due to a
Question about STD from work. I have been off work due to a car accident since Nov 2015. I am on STD. Receiving PT, Chiro, Medical Manipulation, and having a Brain MRI this Wed due to Headaches. I hav… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,441 satisfied customers
I am on medical restrictions 8 hour a day 40 week the company
I am on medical restrictions 8 hour a day 40 week the company is try to forces me to change the normal week form Monday thru Friday Tell me that i have to take a day off during the week to make me wor… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,521 satisfied customers
I have a service connected disability cans My employer make
I have a service connected disability cans My employer make me use FMLA on over time when my Dr. Has me to work no more That 8 hrs a day… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,521 satisfied customers
my job fired me after a dr sent in a note say id be off till
my job fired me after a dr sent in a note say id be off till further notice they said i was to long to get any more medical leave i need to know if they can with in there rights do this legally… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I work in inside sales. We are paid base + bonus. The forecast
I work in inside sales. We are paid base + bonus. The forecast (expected account adds) have been off (too high) and last 1/4 was not met and from all appearances, won't be this quarter either. We are … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,623 satisfied customers
Hello. I drive a school bus in lake county florida. In mo for
Hello. I drive a school bus in lake county florida. In mo for my yearly physicalay of 2011 I had to go for my yearly physical. The doc doing my Department of Education physical wanted my (several docs… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My husband has a severe case of sleep apena which he has just
My husband has a severe case of sleep apena which he has just received the mask to start using at night. He is a production supervisor in a manufacturing plant that works 4 ten hour days and 1/2 day o… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
I am currently on temporary disability due to a car accident,
I am currently on temporary disability due to a car accident, My job which is a non union work place inform me that i have to return to work with a doctors stating no restriction. My dr state that he … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
i need to know if there is anything i can do about my situation....i
i need to know if there is anything i can do about my situation....i recently filed a complaint against a supervisor for physically threatening me in front of witnesses ...it was investigated and i wa… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
In the state of California, is there a minimum number of hours
In the state of California, is there a minimum number of hours worked per week that legally constitutes "full-time" vs. "part-time" at the time of accepting a job? i.e. 40 hr/wk = full-time employment… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
10/08 I was in a horrific car accident, hospitalized 3 months;
10/08 I was in a horrific car accident, hospitalized 3 months; on 6 months STD 1/09 My job - eliminated through reorganization 5/09 Started LTD under continued drs care, OT/PT 6/09 in 1st talk with HR… read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Managing Lawyer/Advocate
Doctoral Degree
3,288 satisfied customers
I am a 61yr old RN. So far I have only been working day shift
I am a 61yr old RN. So far I have only been working day shift hours because I am a very unstable diabetic. I have been out of work for 90days due to having a quadruple bypass done after a heart attack… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Hello, I was in a terrible auto accident on 9/14. Off work
Hello, I was in a terrible auto accident on 9/14. Off work since then with doctors excuse. Employer put me on an FMLA leave after sick days were used. I was told that I had December 18th and then no l… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,623 satisfied customers
I am a union worker. Last April, my company switched all represented
I am a union worker. Last April, my company switched all represented employees to 4 x 10s, after we voted to ratify the new contract. I requested to stay on 5 x 8s, so that I could maintain my transpo… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
I have an employee who has worked for me for three years.
I have an employee who has worked for me for three years. I gave her a verbal warning a month ago, she got upset said that she had a medical condition and she could only work Mon-Fri 8a.m.-4p.m. She g… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
if you are an exempt employee and take a sick day but work
if you are an exempt employee and take a sick day but work part of the day is it legal for them to make you take the entire 8 hours… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I have a 12 hour on 12 hour off restriction for work. If they
I have a 12 hour on 12 hour off restriction for work. If they need somebody to stay over for the full 8 hr. shift and I can't because of restrictions, I am made to come in on my day off and work the f… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
hello, my question is..i was injured at work, and was put on
hello, my question is..i was injured at work, and was put on light duty. my employer did not comply with the light duty restrictions which inturn agravated the injury even more...i went back to the dr… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x