it is an existing leg injury from his military service. It gets infected and swollen. Doctor has recommended that he stay off it several times but he has never been allowed to take the time off without threat of losing his job.
2006-06-15 14:06:32 · 11 answers · asked by littlebit0974 1 in Health ➔ Other - Health
Employment laws vary by state. Some states have stricter laws than others. The best place you can go to for legal help on workplace issues is the forum on http://www.laborlawtalk.com as they have a lot of users who are in the legal profession to answer specific questions like this.
2006-06-15 14:15:39 · answer #1 · answered by Ashley 5 · 10⤊ 1⤋
Sorry to hear that this person you know is in this position... After serving the country, to be in this predicament...
They cannot make you work... They would be liable if there something more serious became of the problem... But, where they can get a person is in excessive absenteeism. That would not be the case if it was an injury on the job... in that case the company would want to get you back to work in any facility just to keep from having to pay worker's comp. But after the person gets better, if they seemed to have milked the injury, the company would most likely find a way to work you, or show you the door.
There are some things that this person can do though... look to taking a leave of absence and get the problem fixed (this only works if they are eligible... you usually need to be with a company for a certain period of time before you can qualify)...Come to think of it, there really aren't any other cases that I can think of... If something obscure comes to mind, I may "add details" later...
2006-06-15 14:21:37 · answer #2 · answered by 2X97cobra 3 · 0⤊ 0⤋
He should talk to his boss and see if a doctor's written note could get him work relief. If a doctor prescribes rest, I don't think the employer has a right to deny the employee that; HOWEVER, the employer may not be required to keep the employee if he can not fulfill the job he was hired to do.
I am not a lawyer. Sorry I can't be of more help. He should talk to his boss, his doctor; perhaps a lawyer. (You local state attorney's office may be able to advise you - quickly - over the phone and at no charge.) He should look for a job he can handle, perhaps.
2006-06-15 14:18:22 · answer #3 · answered by cosmosclara 6 · 0⤊ 0⤋
if he has been there over a year and is full time,he can apply for his FM-LA medical leave which is a federal law.You are allowed so many weeks of for sickness of yourself or immediate family member who you are caring for.You have to get the forms from human resources and have you doc sign them.Now employers can make your life miserable and these sound like assholes and they can do what they want,however,there are consequences for some actions.If they fire him with a doctors note,then he can apply for unemployment compensation when he is able to return to work and if he has a pretty good record,not alot of write ups then they have to prove intentional misconduct in order to deny him benefits.Yes people who get fired can get benefits.
2006-06-15 14:32:15 · answer #4 · answered by Elizabeth 6 · 0⤊ 0⤋
there isn't any customary regulation on that difficulty or on the different difficulty. In my usa, no regulation calls for all employers to grant day off for being ill in any respect. No international-huge regulation prohibits you from accepting employment that calls for production of a docs be conscious.
2016-10-14 05:06:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You're not legally entitle to sick-leave. If he can't do the job, doesn't show up (even if has a medical reason), they don't have to keep him. Very few employers take this stance though, I'd suggest that this person find a new job.
2006-06-15 14:11:17 · answer #6 · answered by UNITool 6 · 0⤊ 0⤋
They don't have to let you work with restrictions or guarantee your job if you take off work for a non work related injury.
2006-06-15 14:10:23 · answer #7 · answered by OkcRN 2 · 0⤊ 0⤋
the answer is NO, he cannot be forced to work.
But the impression i get is he is being coerced against his will and against medical advice.
Go speak to your doctor again, get a sick note and stay off work.
If he then gets sacked you have a million dollar law suit. Enjoy $$$$$$$$!!!!!
2006-06-15 14:19:01 · answer #8 · answered by vaivagabundo 5 · 0⤊ 0⤋
i don't think an employer is allowed to make you work when you have a doctors note. and they can't fire you either. you can sue them or get on unemployment.
2006-06-15 14:10:15 · answer #9 · answered by tiffany228 4 · 0⤊ 0⤋
No they can not do that they have to let you have those few days off to get better.
2006-06-15 14:16:43 · answer #10 · answered by someone knows 1 · 0⤊ 0⤋