Employee/tumor

earlearl

It was reported employee has a tumor (head)and the doctor had suggested an immediate operation. When questioned, employee stated it was true but the doctor had not suggested an operation and was told as long as they felt like working it was okay. This job involves alot of air travel.

Should a doctor's release be requested?
Accept employee's statement? Where do we stand in requesting a doctor's statement in regard to employee's condition?

Any suggestions?

Margaret Morford

I would stress to the employee that his/her health is the most important thing in this matter, that you want to make sure that you do everything you can to protect them. Explain to him/her that you have to make sure that his/her doctor knows about the heavy travel he/she does and that the pressurization of airplane won't compromise his/her health in any way. Then ask for the release. Give him/her a letter to fax to the doctor describing their job duties, including the physical and cognative requirements so that you get an informed release from the doctor. Also review with the employee FMLA and/or your leave policy and assure him/her that you will give them whatever time they need to care for their health.

Margaret Morford
theHRedge

Theresa Gegen TX

Margaret's advice is good practical advice, but it is not risk free. A few addition thoughts: be careful that you do not treat the employee as disabled. If so, the employee could have a claim under the ADA as being "regarded as" disabled. Forcing an employee to get a release, when it appears that the employee can do all the essential functions of the job and the employee reports that he can do all the essential functions of the job does have some risk. If there is a safety issue involved in the employee's job (and by this I mean safety to others, not just to the employee), the company would have stronger reason to request a release. Also, be sure that the company keeps medical information about the employee confidential. Since it was "reported", apparently not by the employee, it looks like the rumor mill may be working. However, the company employees with access to medical information about an employee, must only use that information for a job related purpose and have a duty to keep such information confidential.

Good Luck!!