What are my rights?

[commentator]

File your claim for unemployment and see what your employer says when they ask them these questions.

 

[TPeters]

I have answered cbg's questions to the best of my knowledge. I'm just waiting on the response. & thank you for your information. I appreciate it!! 😊

 

[Zigner]

I guess I'm missing something. Employer has asked for a doctor's release and agreed to let the OP come back to work once that is obtained, right? The OP has no problem getting the release, right? It seems to me that the OP is just being obstinate and taking the path of greatest resistance.

 

[TPeters]

Yes, I can go & get a Dr's release to go back to work, however, the Dr. will not be able to fully release me as long as he/she is treating me for RA. I will continue to be on these medications or some other medications for the rest of my life because there is no cure for RA, therefore what good is a Dr's release when I will be on the same medications or possibly different medications in the future. If they suspended me for this who is to say if the Dr changes my medication it won't happen again.

 

[Proserpina]

Yes, I can go & get a Dr's release to go back to work, however, the Dr. will not be able to fully release me as long as he/she is treating me for RA. I will continue to be on these medications or some other medications for the rest of my life because there is no cure for RA, therefore what good is a Dr's release when I will be on the same medications or possibly different medications in the future. If they suspended me for this who is to say if the Dr changes my medication it won't happen again.

Have you considered SSDI?

Unfortunately it doesn't appear that FMLA protection exists for you either based on the number of employees. I will say, however, that I don't think you have a clear understanding of chronic conditions as they pertain to employment.

 

[Zigner]

Yes, I can go & get a Dr's release to go back to work, however, the Dr. will not be able to fully release me as long as he/she is treating me for RA. I will continue to be on these medications or some other medications for the rest of my life because there is no cure for RA, therefore what good is a Dr's release when I will be on the same medications or possibly different medications in the future. If they suspended me for this who is to say if the Dr changes my medication it won't happen again.

The employer is asking the doctor to give you clearance to return to work. They're not asking for what you seem to think they are asking for.

 

[TPeters]

I appreciate all the advice!! Thanks you all!!

 

[cbg]

cbg had an extremely busy afternoon at work but is back now.

First, your employer MAY require that you not return until you can return without restrictions. If your doctor's release has restrictions, they can legally refuse to allow you to return. Your early posts indicate that there were restrictions - were there?

Pro is right that if there are only 25 employees within 75 miles, FMLA does not apply, which is a shame because that's protected medical leave. Just to be clear, I was talking about ALL employees, not just employees who do the same thing you do, so if that changes the answer, let me know.

However, the ADA may apply - a short leave to get your meds under control could be considered a reasonable accommodation. Have you at any time discussed your issue with HR?