Visitor Question

Can an employer demand I complete rehab on my own time?

Submitted By: Neil (Florida, United States)

I am suffering from doctor-diagnosed tendonitis of both wrists due to the extensive typing required by my job. My supervisor insisted on filing a Workers Compensation claim. The rehabilitation sessions are for about an hour, three times per week.

My supervisor first demanded that the rehab take place on my own time. The place of rehab chosen for me is only open during my working hours so now my supervisor is changing my schedule. This is in Florida.

Can an employer force a different work schedule due to workers compensation rehab needs, and demand that rehabilitation be on my own time?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Neil,

Your supervisor can’t force you to work the new schedule, but if you don’t comply with her directive you may suffer disciplinary action, including possible dismissal.

The same goes for going to rehabilitation on your own time. If your employer won’t allow you to take time off from work then you are bound by her directive. Once again, your failure to comply with her directive might result in disciplinary action, up to and including dismissal.

If your doctor orders you to take time off from work for your treatment and recovery, then you will have a better chance of convincing your supervisor to work with you.

Unfortunately, other than the above options you don’t have much choice.

Hopefully your doctor will order you to take time off from work. If so it’s possible your employer will overrule your supervisor and order her to change your work schedule to accommodate your needs.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 12, 2012

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