Niagara Falls, NY asked in Employment Law for New York

Q: can your work call you into a meeting get and try to make you come back to work on medical leave?

I’m pregnant and I’ve been off for 6 weeks now, originally my doctor asked for light duty which my work said there’s no such thing. I am a head cook in a senior living center. So everything is heavy. That being said my doctor took me off. I’ve received 5 pay checks from the insurance company. Now I received a certified letter stating they’ve been trying to reach me (never received a single call) and that they want me to come in that now they can work with the light duty request that I would assume would be null in void after the last letter stating I’m off until further notice. I’m havi g this baby in 4 short weeks I don’t see how they can make me even come in for a meeting when my doctor never cleared me. I need advice on what to do. Two people quit the kitchen that is really why they want me to come back but I’d think that would screw up my leave and insurance checks. I’m not sure what to do.

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1 Lawyer Answer
Emre Polat
PREMIUM
Emre Polat
Answered
  • New York, NY
  • Licensed in New York

A: They can't require you to come back if you are out on pregnancy leave. It can be perceived as a form of sex based discrimination based on your pregnancy. In addition, your employer is required to accommodate you if you are pregnant and you ask for certain accommodations. More information is needed to assess your situation so consider a consultation as soon as possible.

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