Legal Question in Disability Law in Virginia

I just accepted a job offer in VA and I've been asked to get a "note" from my doctor to confirm I can "work" while on a prescription medication I've utilized without incident since 2005. The occupational health nurse stated that they needed to know I wouldn't be "sleepy" but I've long since normalized on this medication and it is a "maintenance dose". My issue is the RN stated I CANNOT BEGIN ORIENTATION until the doctor note is received. I've been unemployed since 2012 and it COSTS MONEY to get a form signed by the doctor. Is this legal? Can she require a note from my doctor when I am working in a position where I DO NOT DO ANYTHING OTHER THAN TALK for the position?

This medication is required to treat a disability called Arnold Chiari Malformation I and I underwent brain surgery to correct the malformation but it only assists the malformation it CANNOT be corrected thus I will deal with the side effects for years to come.


Asked on 8/17/13, 5:09 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I can see nothing illegal in your new employer requiring you

to secure the note you've described from your doctor before allowing

you to begin work.

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Answered on 8/18/13, 8:49 am

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