Can an employer revoke your doctor’s note for remote work if you are high risk for COVID and you have comorbid conditions that could lead to severe complications if exposed. I have had a letter since March 2020.
3 Comments
3 Comments
Anonymous
01/08/21 at 9:56PM UTC
They can if they can prove that your absence causes an undue hardship. The ADA requires that reasonable accommodations be made, but they cannot create an undue burden on the business. If you working remotely impacts their business, they can revoke it. You can fight it, of course.
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1 Reply
Anonymous
01/08/21 at 10:35PM UTC
Agreed. We had an employee whose doctors note was denied and she tried to fight it. The company argued that her role was necessary and required to be at the office.and not remote. The mediator determined that a doctor could not override the needs of the company. A doctors note, the decision outlined, is a medical opinion for the patient and not a directive to the company. The employee filed for short term disability on the advice of her doctor.
1 Reply
Anonymous
01/08/21 at 10:39PM UTC
I'd also add that our company was really easy going early on in the pandemic in approving accommodations and now that it's lingering, they are revisiting a lot of situations to probe them more. It's no longer the four weeks we thought would be impacted.
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