What are the rights as an epileptic worker? Posted on August 03, 2011

I am an epileptic and recently had a seizure at work. I was sent home and had to be out for two days. Upon my return, my neurologist provided my employer with a note stating I was able to return back to work with no restrictions. A few days later, my employer sent a letter to my doctor asking for him to again provide information on if I was able to perform my job duties without any restrictions between the hours of 8am and 5pm. Although driving is not one of my job duties. they also asked him to provide them with the information on my capability of driving to and from work between those same hours. My neurologist sent them another paper stating I was able to carry out my job duties without any restrictions but told me he would not address the issue of my ability to drive since it was not in the list of job duties my employer provided him. He had also made the statement it was nefarious for them to even ask for that information since it was not one of my duties, especially since he had just provided them with the okay for me to return to work without restrictions. I have also had to endure comments from my fellow employees after having a seizure on an adjacent piece of property they had used as a smoking area while off the clock. I was on the property during the seizure and my employer then restricted any employees from using the property again. Needless to say, some were upset since they now had to leave the area completely to smoke during their break. I was also informed today that the information my neurologist provided was not good enough. Please advise me on what my rights are. I had previously consulted with another attorney and was told there was nothing I could do since I was still employed and had not been fired.

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