Medical doctor note General: Info & Help

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  #1  
Old 12-22-2009
lizard_lover lizard_lover is offline
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Default Topic: Medical doctor note

Medical doctor note

I got a note from my doctor today to give to work because i am over 6 months pregnant and they still have me bending and lifting heavy things. Here is my question:
What is to be done if they do not follow the note IE: put me somewhere I dont have to bend and lift?
Is there anything I can do, or would my only option at that point be to leave?

I am still under my probationary period so I am worried about them being upset by this and letting me go saying I just was not right for the job or whatever... But I don't know what to do if they don't follow that note...
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  #2  
Old 12-22-2009
MrsBeasley MrsBeasley is offline
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Default Topic: Medical doctor note

They hired you knowing full well that you were pregnant already so legally they can't let you go over a Dr. note saying they have to find you other duties to do other than lifting and bending.

If they don't comply then I would contact the labour board.

Thay can however ask you to take a leave of absence if they cannot provide you with duties that comply with your Doctor's orders, in this case you would still have a job to come back to once your maternity leave is over.

I just recently left my job, do to extreme stress and unfortunately do not qualifyfor EI as I've only been back to work a month after maternity leave. However a friend of mine works in the legal system and has pointed me to the Emplotment Standards Act and had my employer said or done anything to complicate my leaving (the office manager basically threatened me to the point of quitting), I would certainly be prepared to use any information I could to fight back.


Employment Standards Act: http://www.gnb.ca/0062/acts/acts/e-07-2.htm

Your case would fall under number: 43(4)


43(4)An employer may, where no alternative employment is available, before or after commencement of the period referred to in subsection (1), require the employee to commence a leave of absence at the time when the duties of her position cannot reasonably be performed by a pregnant woman or the performance of the work of the employee is materially affected by the pregnancy.

Last edited by MrsBeasley; 12-22-2009 at 06:53 PM..
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  #3  
Old 12-22-2009
lizard_lover lizard_lover is offline
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Default Topic: Medical doctor note

They did not know I was pregnant when I got hired, it was not for a month or so after I was hired that they found out. I didn't show for the longest time.

Leave of absence...still out of work. And I am assuming that means I would start my maternity leave now instead of when I had planned to?
I will have to call unemployment or wherever it is and find out from them what would happen.
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  #4  
Old 12-22-2009
MrsBeasley MrsBeasley is offline
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Default Topic: Medical doctor note

You could see if your doctor could put you out on a medical leave of absence, then it wouldn't affect your maternity leave EI it would just be added on as extra weeks.
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  #5  
Old 12-22-2009
livkat livkat is offline
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Default Topic: Medical doctor note

Quote:
Originally Posted by lizard_lover View Post
They did not know I was pregnant when I got hired, it was not for a month or so after I was hired that they found out. I didn't show for the longest time.

Leave of absence...still out of work. And I am assuming that means I would start my maternity leave now instead of when I had planned to?
I will have to call unemployment or wherever it is and find out from them what would happen.
No you wouldn't start Mat leave, it would be sick leave. Totally different. You are entitled to 15 weeks sick leave if your doctor states, and then your mat leave would start after that.
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  #6  
Old 12-23-2009
MichelleM MichelleM is offline
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Default Topic: Medical doctor note

Quote:
Originally Posted by livkat View Post
No you wouldn't start Mat leave, it would be sick leave. Totally different. You are entitled to 15 weeks sick leave if your doctor states, and then your mat leave would start after that.
It would not be sick leave as she is not "sick". The dr. didn't put her out sick just said she can't lift heavy things which applys to all pregnant people.
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  #7  
Old 12-23-2009
livkat livkat is offline
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Default Topic: Medical doctor note

Quote:
Originally Posted by MichelleM View Post
It would not be sick leave as she is not "sick". The dr. didn't put her out sick just said she can't lift heavy things which applys to all pregnant people.
I worked at a daycare while pregnant, still lifted things ( children) you just modify how you do it, and learn to lift properly .
And sorry Michellle, but"sick leave" is what it is called when your Doc puts you out before your Mat leave
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  #8  
Old 12-23-2009
MichelleM MichelleM is offline
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Default Topic: Medical doctor note

Quote:
Originally Posted by livkat View Post
I worked at a daycare while pregnant, still lifted things ( children) you just modify how you do it, and learn to lift properly .
And sorry Michellle, but"sick leave" is what it is called when your Doc puts you out before your Mat leave
The dr. did not put her out but gave a note saying she cannot be lifting heavy things. This is not the same thing.
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  #9  
Old 12-23-2009
MrsBeasley MrsBeasley is offline
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Default Topic: Medical doctor note

She can get a new note from her Dr. saying to put her out, then it would be classified as sick leave.
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  #10  
Old 12-26-2009
lizard_lover lizard_lover is offline
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Default Topic: Medical doctor note

Well I gave them my note, and i got a dirty look for it, but i am still there. and supposed to go back tomorrow
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  #11  
Old 12-26-2009
MrsBeasley MrsBeasley is offline
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Default Topic: Medical doctor note

Good for you and your baby!!! Good Luck tomorrow!!
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