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2nd Doctors Note Denied?

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WhoKnows234

Junior Member
What is the name of your state? NJ

I am 5 months pregnant and a month ago my doctor supplied me with a note stated that I be put on the morning shift because working the night shift exhausted me because of the long hours, the delays I encountered and had to stay mandatory overtime for and because of the long drive I had home (1 hr 15 mins). My employer denied the note and said if I needed mornings it needed to be doctors orders. So my next appointment I told my doctor the situation and he wrote me another note, stating that it I am under his care for obstetrical reasons/pregnancy and that it was medically necessary that I be put on the morning shift. Again the note got denied. This time my employer bases it on that the note is not specific enough. I told them that note piggybacked off the previous note, they said they needed to know why it was medically necessary. Now I know there is the HIPAA act that says my doctor is not allowed to disclose personal medical information unless its for the basis of public health knowledge, research or medical billing purposes or unless specified by myself. So can my employer deny my doctors note stating that it is medically necessary for me to go to mornings for rest purposes? And does he have the right to ask for more information?
 


cbg

I'm a Northern Girl
Except under FMLA, a doctor's note has no force in law. The employer is not required to allow the doctor to run his business for him.

The employer has the right to know why the doctor is demanding that your shift be changed. He is not required to take the doctor's word for it.
 

cbg

I'm a Northern Girl
And if the employer doesn't have any first shift openings?

Even the ADA, and pregnancy is not covered under the ADA in the exceedingly large majority of circumstances, does not require an employer to create an opening for the employee.
 

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