Restrictions

LindaS

How do you all handle employees with either of the following:

1) Hours restrictions that do not allow employees to work overtime, or that limit the amount of overtime an employee work (for example, an employee whose restriction states they can work 4 10 hour days but no overtime or one that states "no Saturdays")?

2) Work restrictions that limit employees to specific jobs (for example, employee can not work in the Press Department)?

Rockie

The first one just sounds like an allergic reaction to working overtime period. It also sounds like they set their own hours. Companies are not bound to honor employee preferences. Employees work for the company, not the other way around. Companies may change work assignments, hours, etc. in any way they see fit in order to run their business.

On the second one, there may be some type of medical reason they can't work in the Press Department. If so, this could be honored but again, if this is just a case of "I don't wanna!", then the company is under no obligation.

Don D

I agree with Rockie. I've not heard of employees who set such restrictions on their own who expect that they would be honored by the company. Unless yours is an environment which allows ees to excuse themselves from certain duties or hours, I would escort them to the door if they could not work assigned tasks or hours. Assuming you have no union contract and assuming the absence of medical and religious issues, I am aware of no safety net (federal or state law) for such an employee. Now, if these are the types of things you see on applications you are taking, I would immediately put them in the stack on the left side of the desk. Applicants demanding certain hours and days and tasks is a sign of things to come if you hire them. If it is stated in the form of a preference, that would be another matter.

LeeR

Just curious are these restrictions merely preferences stated by the employee or are they based on?

LindaS

These are restrictions provided by physicians for a variety of "medical" reasons. FMLA paperwork is provided but the majority of the conditions to do require continuing medical treatment, other than the hours restriction. The restrictions for specific jobs are also medically certified but, again, for what appears to be inconclusive conditions.

Balloonman

First off, I will say like I always do, do not let people work with non work related restrictions. Second on any restrictions like that, I would send the doctor a job description for the tasks the employee is required to do, along with a fob capability form. Explain to the doctor that you need him/her to inform you what the employee can do. i.e., lift up to 35 pounds frequently, reach above shoulder, stand up to 8 hours, squat you get the idea. Second I would offer to let the doctor come visit the facitily if that would help them determine the employee's work ability. Third for the specific day type restrictions I would REQUIRE the doctor to explain the medical reason for not being able to work on Saturday. I myself do not allow employees to work overtime when on restricted duty. They are less than 100% they need to get well. Also will not pay them time and a half if they are not working 100%.
Call the doctors, require them to fill the work ability forms that your WC clinics use out stating what the employee can or cannot do. Refuse to let any employee work who come in with I can't work Saturday, or in thei department.
THat is that person whinning to an ignorant doctor with no spine.
My $0.02 worth.
DJ The Balloonman

Don D

But how do you TRULY feel Balloonman? I admire your decision to not pay overtime to people who aren't hitting on all cylinders; but, I doubt your ability to pull that off. x:-) If you can, let us all know how.

Balloonman

Quite easy Don. When I work with a doctor/clinic regularly we have had the discussion and they are usually of the same mindset. If a person is injured, they should not be working extra hours, that does not help them heal. I have even had one doctor provide a letter stating that no paitients under care from that clinic should work OT while being treated. I was working in a union environment at the time, this saved us from hassles and having the docs put no OT on ever work restriction. Realise most injuries resolve rather quickly, so it is not usually an issue. And to quote the doctor on repetitive motion injuries "Well if it is an overuse/reptitive motion injury, it makes no sense to have a person work OT".
My $0.02 worth.
DJ The Balloonman

Hunter1

Linda: Maybe this is a Wisconsin phenomenon. I have an employee who has had heart bypass surgery and 5 or 6 stent placements, and his doctor has limited him to a max of 9 hours/day. He does very physical work. We've been living with that restriction, but it sounds like others would 'throw the bum out' after 25 years with us. Maybe my dad was right; "employers just use you until you're worn out and then throw you away."

Balloonman

Hunter,
A restriction of 9 hours a day is not much of a restriction, or problem to accomodate. That is an easy one to accomodate. What if he work Tues-Sat., or Sun.-Thur. and you had a restriction of no working on Saturday and Sunday. Would you feel the same way about the employee?
Realize Hunter I am addressing employees that are going out of their way to avoid work or are far from your good employees. Your guy WANTS to work, and does not sound like he is trying to work the system. None of us would have a problem accomodating that.
My $0.02 worth.
DJ The Balloonman

Don D

Guess I misunderstood. I thought you said even if they work overtime, if they are on restricted duty, you don't pay overtime.

Balloonman

No DOn, we don't allow the OT when they are on restricted duty. I just make it my practice wherever I have been. You woud be surprised, none of the good employees ever complain, they understand the logic. Those that are your problem employees are the ones that would be vocal.

I know some think I sound heartless saying not to accomodate non work related restrictions, but if they aggravate the condition, it becomes a WC claim. Now, Hunter has a guy who is limited in hours but not activity. This I have never had a problem with. If they can do all functions of their job but need to be "ramped" back up to full time that is not an issue.
My $0.02 worth.
DJ The Balloonman