New York, NY asked in Employment Law for New York

Q: Can a boss tell an employee they can't come back to work until they see a doctor?

My friend went on a disability leave due to a kidney infection. She was still being contacted about work related things and expected to complete tasks from the hospital. It took weeks for insurance and her employer to pay her. She had to block her number in order for HR to answer her phone calls. She is not clear to come back to work. However after accusing her employer of gas lighting, she has been told that she is being placed on an unpaid leave and cannot return to work until she sees a doctor. HR and her employer are trying to say that she is crazy. Can they legally do this? The doctor cleared her to come back to work and her disability leave has been up.

She has been employed since July 2017.

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

A: How long has she been employed? She may be eligible for FMLA leave where they have to hold her job for her.

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