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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12206
Experience:  JD, MBA
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I have MS and my doctors, (internal and neurologist) put in

Customer Question

I have MS and my doctors, (internal and neurologist) put in for FMLA for me to use due to relapses. I called out this past Thursday and Friday due to a relapse I was having. I work as a CNA at a hospital. They had me see their doctor, and he said I was fit for duty, but put permanent restrictions on me doing transporting or bending down and squating. The company I work for is saying not to work until we have a meeting to be more exact on my restrictions. I am out pay this week now because of this. Can I do anything?
Submitted: 10 months ago.
Category: Employment Law
Expert:  TJ, Esq. replied 10 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 10 months ago.

Hello again. Thanks for your patience.

You cannot be limited at work if the reason is retaliation for your FMLA or health issues. However, if your health issues prevent you from completing your assigned duties, then your employer may restrict you. The difference is that it's not retaliation, but rather in response to your own limitations as stated by a doctor. Simply put, your employer doesn't want you doing something that will aggravate your condition, thereby creating liability for the employer. The employer has a legal right to take this action if it means that you cannot complete your duties. So, if transporting or bending down and squatting is ordinarily part of your job, then your employer was correct to force you on leave while the issue is clarified and your new duties can be determined.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 10 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.