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I had a car accident with a bear, resulting in a concussion. I work PT at a bank. I had to take short term disability leave from work, but now HR is ordering me to return to work despite my drs note saying I am not able to. I have a few questions. What are my rights? Can they force me to return to work? They said if I refuse to return to work, they will take away the STD compensation/benefits. Can they do that even if my drs note says I am not able to? (I also am pending income replacement benefits through car insurance as a back up). Can/will they terminate me if I don't comply? I didn't think HR could assess my ability as they are not medical professionals, but upon reviewing my paperwork about STD leave, they have it outlined that "home tasks with transferable skills" can mean you have the 'ability to do work tasks'. The manager of my branch says they are unable to provide me with alternate duties due to the needs of the business.
Sorry to hear about your accident and the difficulties you are going through. These types of situations can be extremely stressful.
Your employer has two separate duties when it comes to workplace accommodations. The first is the procedural duty to engage in the accommodation process in good faith. This would be things like listening to your requests and preferences and not just imposing something.
The second is the substantive duty to accommodate, which requires employers to provide workplace accommodations even if it will cause them to lose money, is inconvenient, or would cause workplace disruptions.
However, the fact these exist unfortunately does not mean your employer will actually comply with them or not just terminate you unlawfully. Attempting to engage with the employer directly tends to have very little success. Workplace accommodations can be a complex area of law, with an inherent power imbalance. You need something to level the playing field.
We can help you with this. Contact us, and a member of our intake team will reach out to guide you through the next steps.
Your employer has two separate duties when it comes to workplace accommodations. The first is the procedural duty to engage in the accommodation process in good faith. This would be things like listening to your requests and preferences and not just imposing something.
The second is the substantive duty to accommodate, which requires employers to provide workplace accommodations even if it will cause them to lose money, is inconvenient, or would cause workplace disruptions.
However, the fact these exist unfortunately does not mean your employer will actually comply with them or not just terminate you unlawfully. Attempting to engage with the employer directly tends to have very little success. Workplace accommodations can be a complex area of law, with an inherent power imbalance. You need something to level the playing field.
We can help you with this. Contact us, and a member of our intake team will reach out to guide you through the next steps.