Q: What rights do I have being sent home from work due to a doctor's note, yet I am still able to perform many job duties?
I am an employee in NC who has injured a toe and have received a doctor's note to "avoid prolonged periods of standing" at work for 1 week. My employer has told me I cannot come into work all week because of this, even though many of my job duties include working at a desk where no standing is involved, and I am still capable of performing these job duties. I am looking for free legal counsel as to what grounds/rights I have on the matter, if any, as I do not wish to be out of paid work for 1 week.
A: Employers in this state are not required to honor doctor's notes or change, modify or remove any job duty due to a health/medical condition unless same is covered by the FMLA or the ADA. It is hard to tell if your situation is covered by either law from these facts, but my guess is that it is not.
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