Dr. note from work

carin123

I currently work as a mental health/chemical dependency counselor for a residential rehab that is open 24/7.  It was identified that my BP was high due to stress from an inconsistent work schedule and working at least 48 hours per week.  My doctor gave me a note from work stating to allow me only to work Monday through Friday 8am-4pm, no more than 40 hours and no more than 8 hours per day.  My director has decided to go against this by making me work weekends and more than 8 hours a day which leads to more than 40 hours per week.  I was just wondering if anyone knew if my work has to adhere to the doctor's note in NY or if it is more of a suggested guideline for my employer.  Thanks!

dande2129

Do you have an HR department to speak with? I'd start there.

carin123

No it's a little organization.  The only person I have to talk to is my director about this stuff.

dande2129

carin123:

No it's a little organization.  The only person I have to talk to is my director about this stuff.

I am cautious in saying anything because I'm unsure as to what the law is in NY. But... here in OH, your job is only secured if you are using FMLA. I would talk to your doctor about obtaining an FMLA form. They are relatively easy to fill out and submit to your employer. This would cover you in terms of having your employer being required to meet the hour restriction HOWEVER, it doesn't mean that your employer cannot terminate your "position" at will. They can't outright say it is because you are pregnant, but they have a business to run as well. 

Again, I'm not entirely sure about how NY works. Do you have a law clinic you could call/visit to verify it with them and see about your options? I worked as a legal assistant and all of the attorneys in my office volunteered a few hours a week, pro bono, for these organizations. (Basically, it's just law advice from a valid source for free.) 

elizabethnseanny

How crappy that your boss is going against doctors orders. I would elaborate on what the risks could be associated with your high BP and let them know they are liable if anything happens to you or your child if they demand you go against the dr orders. I would also ask specifically if this is a requirement to keep your job. Even if your company doesn't have to comply with FMLA law, they cannot discriminate against you for being pregnant. 

rm2013

dande2129:

carin123:

No it's a little organization.  The only person I have to talk to is my director about this stuff.

I am cautious in saying anything because I'm unsure as to what the law is in NY. But... here in OH, your job is only secured if you are using FMLA. I would talk to your doctor about obtaining an FMLA form.

If its a small company then they may not be required to offer FMLA. Agree OP should get specific legal advice.