Question re sick or perceived-to-be-sick ee

Paige

Here's a question one of our manager's had for me--may have to read through it more than once to understand it (I'm not sure I do):
"If an employer has an employee who appears to be or is known/believed to be acutely/chronically ill (physically and/or psychologically), however not contagious, can the employer insist on a letter from a medical doctor stating that he or she has been consulted and the employee is fit to work on a full or part time basis or whatever appropriate ? That's the big question. Assume the employer is concerned on a personal basis for the employee's well-being as well as how the business environment is affected and on a productivity basis. Can you apply this answer to our manual and what we can reasonably insist on as an employer ?"

The office has less than 10 people in it.

Any answers for this?

LindaS

Our policy manual states that an employee who has had a contagious disease (chicken pox, measles, etc.) is required to provide a doctor's slip allowing them to return to work before they will be allowed back.

Hope this helps!

Don D

Either have the manager write down and give to you specifically what he KNOWS or if that is not appropriate, given your manager's ability, write down specifically what the manager tells you that he KNOWS. I think any of us has an obligation to the company and our workforce to somehow intercede when it is apparent a serious situation will not unfold otherwise. There's lots to consider, like whether you have an EAP, what your policies are, what you learn about the employee's REPORTED condition. Be very cautious about your manager rolling out a laundry list of suspicions and he said-she said stuff. Weigh it carefully and go with your gut. You very well may conclude that you need to call the ee in and counsel with him/her. If you do conclude that, be sure to open any conversation by putting her at ease and assuring her that you are only imposing yourself into this because you value her as a person and employee and that you are there for one reason, to help. Tell the manager to back out of the entire process once you get all he has in the way of information. Only one cook needed in the kitchen. Also tell him confidentiality is mandatory and do not leave the manager with the impression that you will provide feedback, because you will not. Suggestions could go on and on, but these are my initial thoughts. Good luck. DD

Gillian

I agree with Don. Just make sure that the employee doesn't fee threatened in any way - that probably means that the manager stays out of it, and make sure that the employee understands that you are concerned about well being. If the employee rejects the help, then there isn't much that you can do at this point, but you could revisit the issue if any performance problems need to be dealt with or if the employee is somehow endangering self or others.

Theresa Gegen TX

Decisions about what to do have to be made based on facts. If an employee is safely doing all the essential functions of his or her job, there are no facts to support sending that employee to the doctor.

If there are some facts (the employee is complaining about pain, taking a lot of sick time, or making mistakes and then saying it was because they did not feel well), you can act on those facts. However, your action will depend on what the FACTs reveal.

So to answer the question posed by the supervisor -- NO, unless there are some facts to support the decision.

HS

I agree with those who have responded, you can't require a note 'certifying' that someone has seen a doctor for something that 'appears' to be an illness. If an employee is out however for a certain length of time, you can require a note that indicates ONLY that employee x was out from this date to that date and is able to return to work. It should not list any medical condition or illness that the employee had.

If it is such a small office, and everyone feels 'comfortable' or 'close', a concerned manager could approach the employee and give them the option to go home if they aren't feeling well.

Good Luck!