Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
While on a leave of absence for a week, my return date changed. After informing my boss, I received an email that I found overstepping and threatening, basically questioning why my doctor would be okay with me returning to work one day, then putting me out for an additional few weeks the next. Is his response legal?
I am not sure I understand your question. If you are out on sick leave, management has the right to seek medical evidence to show you are medically incapacitated for an absence of more than three days.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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I get what you are saying. I too am out on an absence of leave, have been since early April. I was scheduled to come back I believe it was mid May sometime, but the doctor extended it to June, and it will get extended again most likely, this is all due to a medical problem I am going through (exacerbated by my work) and seeing quite a few specialists. Each doctor I see, come to a conclusion, with other doctors notes and what not that they will not release me back to work and write a new note for me, extending my leave of absence.
Personally, if I got emails that were inappropriate due to your absence, I would seriously go to your HR department, Union rep and possibly discuss with EEO too.
Document, document, document.
This of course is all just my opinion.