Injured Employee

LindaS

I have an employee who has been with the company about six months so he is not yet eligible for FMLA. Two weeks ago he was injured outside of work and his initial medical slip indicated he would be able to return to work but with some restrictions (the restrictions would only last one week). Due to the nature of our business we were unable to accomodate and sent him home. A couple of days later he returns with a slip from another dr. which states he is completely unable to work for at least one month (he sprained his ankle). He has been seen by several other employees walking around town and in the local taverns so there is some frustration and I have been asked to address the issue. His supervisor saw him in a tavern on Monday and according to the supervisor, the employee was going to see a new dr. on Tuesday and would be getting in contact with me regarding return to work. As of this date I haven't had any contact from him.

Do any of you see any problem with my contacting him and requesting an updated medical slip, even though it hasn't been a month?

Hunter1

Do you want him back after this kind of behavior? Is there any reason why you have to maintain his employment status? Is he in a probationary (or whatever you call it) period? I see no reason why you couldn't ask for a second opinion, but you might want/have to pay for it.

LindaS

He is past his probationary period and is a member of the union so terminating him would probably be very difficult. He was approved off based on the information from his physician and there is no doubt about the initial injury although, based on the information I am receiving from co-workers as well as his supervisor who ran into him, there shouldn't be any reason for him not to return.

pecohr

I would not go down the asking for second dr. route based on someone seeing him in a tavern. Who's to say what is acceptable away from work. The restrictions he has probably don't restrict him from going out and enjoying himself (well maybe dancing). What does your CBA say about absence from work due to off the job injuries? I would recommend moving on to other issues and letting this guy hang himself on performance issues when he returns. Be fair and consistant with your disciplinary program for all your employees and this guy will not last.

Don't spin your wheels and get frustrated because of him.

Just my .02,
Stuart

Balloonman

Follow the CBA, and wait for him to screw up, he will then step by step you go till "BAM!" he is terminated and there is not a thing the union can do. Use the contract they agreed to, he does not sound to bright, should not take him long to get himself jammed up.
My $0.02 worth.
DJ The Balloonman

crawfod

My hope for you would be that somewhere in your union contract there may be wording dealing with such a matter. While I am not experienced with unions (thank goodness), many employers have phrases built into their attendance policies or leave policies that allow requests for medical updates at any time. Whether HIPAA has changed that, I don't know.

You indicated his medical statement said to be off for one month. So I am assuming it did not just identify restrictions, it said be off. You might be able to approach the employee to have the doctor clarify the note in order for you to see if some accommodations can be made, depending upon the restrictions. Since I assume this person is not qualified for any temporary disability payments, no pay is being given. If he truly is interested in working there, he might appreciate your attempts to help him find light duty work. Of course, if you know up front that you will not provide light duty, then that ends that and I would not bother.

One final suggestion. When I get such a note that is too vague, or especially one that says be off, at that moment, I tell them this note is not good enough. A doctor's responsibility is to tell their patient what they can or can't do from a medical standpoint, ie. no lifting over ten pounds, no prolonged standing or walking, no climbing. Those restrictions should apply to work, school, church, or any other activity. It is then up to the employer, school, etc., but not the doctor, to decide if the patient can be accommodated. If the doctor says the patient should not do certain physical functions, and the patient is witnessed by a reliable source doing those things, I'm sure your contract has a clause for that type of behavior.

Don D

lINDA: Hang your hat on the union contract. Scrutinize it carefully to see what protection he has and what 'out' you may have. If you see one, seize it. Don't allow it to go un unchallenged (researched) in hopes that he'll come back later and screw up down the road. Unions view such oversights on the part of an employer as 'precedent setting' and will clobber you over the head with it later. If your policy and or contract is silent on the issues of attendance and non-work medical (which I doubt), you have work to do. A policy need not be in a contract to be enforced. In fact, those who stick all their policies and procedures in the contract are shooting themselves in all three of their feet.