Los Angeles, CA asked in Employment Law for California

Q: Can my job ignore my doctors note and do nothing just because they don’t understand it

Kaiser said they only fill out doctors notes by percentages. My job said that percentages can mean anything so as of right now my doctors note is basically being ignored and I’m not getting any accommodations right now.

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3 Lawyer Answers
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: You need to go back to your doctor and get a clearer list of work restrictions. A reasonable accommodation is a dialogue and your doctor should not be communicating directly with your employer.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: You are not the first person to run into this kind of thing with Kaiser. The only real solution is to either get another doctor in the Kaiser system who will give you a more specific note or go to a doctor outside the Kaiser system.

An employer has a right to know what your specific restriction may be. Without that information, the employer is left without critical information to provide you with accommodations that will allow you to continue to perform the essential functions of your job.

This is a doctor problem at this point, not an employer problem.

Good luck to you.

Eva Zelson
Eva Zelson
Answered

A: A request for accommodations should be a dialogue between the employer and the employee. If your employer’s inaction or lack of response is due to a lack of clarity from your doctor, you need to start again. Instruct your doctor to specify exactly what you need from your employer and why you need it. After you resubmit your request with the new doctor’s note, if your employer does not open a dialogue about your request, contact an employment lawyer experienced in disability discrimination to discuss your options.

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