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  1. #1

    Default 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...

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Epilepsy Doctor Note for Return to work

    There is no time requirement as far as how quickly they must make a decision.

  3. #3

    Default Re: Epilepsy Doctor Note for Return to work

    Quote Quoting jk
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    There is no time requirement as far as how quickly they must make a decision.
    Ok, thank you.

  4. #4
    Join Date
    Jan 2015
    Posts
    1,142

    Default 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.

  5. #5
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Epilepsy Doctor Note for Return to work

    Quote Quoting comment/ator
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    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.

  6. #6

    Default 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

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