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How Quickly Must an Employer Allow Return to Work After Receiving a Medical Clearance

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  • 08-13-2015, 04:03 PM
    Chad Dangerfield
    How Quickly Must an Employer Allow Return to Work After Receiving a Medical Clearance
    My question involves labor and employment law for the state of: North Dakota

    How long does my employer have to give me an answer if I'm allowed to continue working once they have received a return to work letter from doctor?

    I fell at work last Wednesday from a seizure, my second in three months. The first was after work. I went to a specialist in Montana on Monday and was diagnosed with temperol lobe epilepsy. She gave me a doctor note to return to work this coming Monday with certain restrictions.

    My employer received this doctor note the same day as I received the diagnosis. I called him last night asking what the status is and he said he was still working in it. My main problem is that I am in North Dakota working and my home is in Ohio. If I'm not here working I'm not making money and I can't live properly due to the cost of living here. This has put me out of work for almost two weeks now while getting this problem figured out and diagnosed.

    How long can they keep me waiting for an answer? I'm starting to get the feeling they are dragging feet to get me to quit.

    Any help would be great...
  • 08-13-2015, 05:13 PM
    jk
    Re: Epilepsy Doctor Note for Return to work
    There is no time requirement as far as how quickly they must make a decision.
  • 08-13-2015, 05:25 PM
    Chad Dangerfield
    Re: Epilepsy Doctor Note for Return to work
    Quote:

    Quoting jk
    View Post
    There is no time requirement as far as how quickly they must make a decision.

    Ok, thank you.
  • 08-13-2015, 08:06 PM
    comment/ator
    Re: Epilepsy Doctor Note for Return to work
    If they do not let you return to work on Monday, keep you off for another week, say, then you should file for unemployment benefits as soon as that first week with no work has gone by. That may inspire them to get you back on board, or at least get you an answer quicker to when you can come back.

    If you are ready to come back, released by your doctor, and the company does not have work for you to do when you're ready to come back, says you need to wait any length of time before they can let you come back, then you are out of work through no fault of your own. File the claim, and they'll be contacted and asked why you are off work. If they want to, of course, they can keep dragging their feet, they have that option, but at least you'll have unemployment benefits to live on while looking for something else.

    If you have to move back to your home state, you'll be able to transfer the claim. Even if you haven't worked there or on that job too long, you'll tell the claims system and they'll be able to pull in wages from all the places you've worked in the base period and will determine which state you may have a claim in and how you'll go about the filing for it.
  • 08-13-2015, 09:31 PM
    chyvan
    Re: Epilepsy Doctor Note for Return to work
    Quote:

    Quoting comment/ator
    View Post
    then you should file for unemployment benefits as soon as that first week with no work has gone by.

    I wouldn't wait that long to file. Once the week has gone by, then it's a lost week that you could have gotten waiting week credit or a benefit. If it's Friday morning of that same week and they didn't let you work, I'd be filing my claim before close of business.
  • 08-13-2015, 10:11 PM
    Chad Dangerfield
    Re: Epilepsy Doctor Note for Return to work
    Thank you for the responses. I honestly just want to go back to work but I'm sure me face planting onto concrete has them wondering if I'm a liability or not. My hardhat save me from any damage thankfully. If I turned in a doctors not that's worded the way mine is I wouldn't let me work again either.

    Thanks again
  • 08-14-2015, 04:08 AM
    jk
    Re: Epilepsy Doctor Note for Return to work
    hardhat...like maybe construction?

    given you have had several seizures in the last several months I suspect you may not be allowed to return to work until some specified period has passed without you experiencing a seizure.



    but with that;

    how are you getting to work? I am quite confident in saying you cannot legally drive at the moment. Many states require a period of 6 months seizure free before a person is allowed to drive.
  • 08-14-2015, 07:49 AM
    Chad Dangerfield
    Re: Epilepsy Doctor Note for Return to work
    Yes I am in construction. My camper is parked where many other employees have theirs parked and I have been told by a couple of guys that they would make sure I got to work and back. I can't drive for six months.

    - - - Updated - - -


    Can they legally send me down the road considering epilepsy is listed with the ADA as a disability?
  • 08-14-2015, 08:26 AM
    chyvan
    Re: Epilepsy Doctor Note for Return to work
    I'll tell you a true story. Not so much to scare you, but so you'll be warned. I worked with a woman that a seizure at work. She wasn't allowed to drive for 6 months. At around the 5-1/2 month mark, she had another seizure, and had her driving on hold for another 6 months. Then her husband went away for a week. She had her third seizure at home alone. She was on her back and choked on her vomit and died.

    So my advice to you is do NOT be alone until this condition is resolved.
  • 08-14-2015, 11:40 AM
    cbg
    Re: Epilepsy Doctor Note for Return to work
    The ADA does NOT say that you cannot be released from a job that you cannot do safely.
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