So I'm in my first trimester of my pregnancy. I work in a plant and every third week I have to drive the forklift. Going in and out of the trucks is a very big impact and this concerned me. Work said the only way they would let me out of driving the forklift is if I brought a drs note. So I spoke to my dr and she wrote a note. The day I took the note in my boss took my upstairs to human resources. They said that they could not work with me. That I either had to get a note saying I could drive the forklift or go out on short term. I wanted to talk to the dr to find out what to do. It was after 5 so they allowed me to finish that day before I had to give them an answer. The next day I spoke to my dr and she said she would not say I could drive the lift. So I had to go out on short term disability. Well after a week of the run around from my dr they reluctantly filled out the paperwork. They didn't want to because "you can work, you just can't drive the forklift." So now I have been out for 2 1/2 weeks and waiting on a decision to see if the short term disability company is going to pay me. They called to get some additional information and said they would review it and call me back. I'm nervous. What if they decide they aren't going to pay? What happens then? If work won't let me work and I have been out without pay for 2 1/2 weeks already. Will I have to sue my work to get paid? Anyone have a clue? I'm hoping they just go ahead and pay me. But feeling frustrated so I decided to ask you guys to see if anyone has been there done that advice.
You need to talk with HR and tell you feel that you are being discriminated against since the Dr. has told them you can work you just can't do one aspect of the job. They could reassign you temporarily but they can't discriminate against you. Ask them nicely how you can work together on this and if they don't then see a lawyer about back pay and a file a discrimination suit against them.
I'll think you'll get it..OR your job will be forced to take you back..(not driving the lift...)..because you were FORCED into this position by your company.... you WANTED to stay and work....but you just couldnt drive the lift per DOCTORS ORDERS... Dont worry... It will be okay...
What are your state laws? I know in N.C. a company does not have to accommodate an employee with restrictions from a Dr. and the employee can be sent home until they are back to 100%. We also can't file suit against a company that we are actively employed at. If you were sent home by your company then the STD co. should pay. Good Luck! I know it's frustrating.
