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Not Out Sick, but Doctor's Note Requested

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  • 08-04-2008, 02:34 PM
    KrCh9987
    Not Out Sick, but Doctor's Note Requested
    My question involves labor and employment law for the state of: Virginia.

    I have taken no unapproved leave, sick or vacation. My supervisor has issued a vague written warning citing "communication issues," and has provided no examples. In addition, she provided me with a written job description and I have been told not to return to work until I can provide a doctor's note stating that I have no medical condition that prevents me from performing my duties (which include "other duties as assigned"). Since chronic or unexpected absences is NOT an issue with which I have been cited, can she legally prevent me from working until I can provide a doctor's note? She is also causing me to use up my vacation time. Is this legal? Any suggestions on why she might be doing this?

    Thanks.
  • 08-04-2008, 03:02 PM
    jk
    Re: Not Out Sick, but Doctor's Note Requested
    so, are you on leave now? for what?

    and yes, the boss can require you provide medical proof you are capable of performing your work duties and yes, they can prohibit you from working until you do provide such a letter. As an example, truck drivers are required to undergo a physical every year for the DOT. Many employers require such a letter.


    You might want to hang on for some others to chime in. I do not know but the employer may be required to pay for the medical expenses but depending why you are off now, if you are, could make a difference in this point as well.
  • 08-04-2008, 03:02 PM
    Betty3
    Re: Not Out Sick, but Doctor's Note Requested
    Do you have any idea at all why she might be wanting you to get a doctor's note before performing your duties? Do you have any type of medical condition? Has anyone else had to do this?

    I don't see though where it would be illegal discrimination as long as you aren't being discriminated against due to a protected "class" (ie age, gender, religion).
  • 08-04-2008, 07:32 PM
    mmmagique
    Re: Not Out Sick, but Doctor's Note Requested
    What, exactly, does the letter say?
  • 08-05-2008, 05:20 AM
    KrCh9987
    Re: Not Out Sick, but Doctor's Note Requested
    I received in writing a notice that I needed to improve my performance. The notice was very vague, but cited things like "communication skills." I am now on forced leave, (using my paid vacation time up) awaiting a doctor appointment, in which I am supposed to get the doctor to provide a note that I am able to perform the job duties that are listed in my job description (which include "other duties as assigned"). Although I do have medical conditions that qualify for protection under the ADA, none of these was mentioned by my boss. In addition, I have not had any unexcused or unplanned absences, and this was not part of the list of performance issues I was cited with. I can't imagine I'll be able to find a doctor who will sign a note stating that I am able to perform everything in the job description plus "other duties as assigned." I'm not sure what will happen if they can't get such a note.
  • 08-05-2008, 11:44 AM
    mmmagique
    Re: Not Out Sick, but Doctor's Note Requested
    Without reading the note verbatim, it's difficult to advise.
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