Sick EE will not see doctor

Ashlyn

[font size="1" color="#FF0000"]LAST EDITED ON 09-25-03 AT 01:03PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 09-25-03 AT 01:02 PM (CST)[/font]

[font size="1" color="#FF0000"]LAST EDITED ON 09-25-03 AT 01:01 PM (CST)[/font]

We are in a bit of a dilemma...an employee is obviously ailing from some sort of "bug" - however, she ha not seen a doctor, satisfied with merely taking antibiotics prescribed over the phone by her physician. She has had her symptoms for well over a week now, but has not shared an interest in seeking advice from a doctor. (She has used up all her sick days for this year, and does not want to "dip" into her accrued vacation days.) What is our responsibility in remedying this situation? I am concerned that her illness, while undiagnosed, could be contagious. Some employees in the office have voiced this concern as well.

We are < 25-ee's strong, so FMLA does not apply. Further, we provide health benefits for our employees at no cost to them.

Help?!?

UPDATE...and the plot thickens...
I now have a twist to what was seemingly a straightforward situation. A couple of officers have made disparaging remarks (laden with retaliatory sarcasm) regarding (and at one point, to) an ee who voiced a concern, alluding to an attitude that the company will take no action regarding the sick ee. YIKES...now what?

Rockie

I guess I'm surprised that officers of the company would make such remarks and allow an obviously sick employee to continue working to the deteriment of others. If she is obviously sick, she should be sent home until she is better. Given the attitude of the officers of the company, if they will not back this, I would certainly isolate her from the other employees.

Down_the_Middle

Ashlyn:
While I share the concern over the officer comments, the issue is about sending the employee home based on performance vs. the uncomfortableness of co-workers. I sensed a bit of "how dare she do this" and that will likely lead you to a decision that will keep you awake at night with legal questions!!!! Trying to force someone to get medical care, to satisfy the uncomfortableness of co-workers is a dangerous slope. I've seen it lead to constructive discharge issues and it was not pretty. Good luck with helping her get well.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 09-25-03 AT 08:43PM (CST)[/font][p]I'm confused.

She is seeing a doctor if she is getting prescriptions over the phone. It would not be either ethical under the medical profession or legal for th edoctor to prescribe medication without haveing assessed the situation. Perhaps the doctor hasn't completed his diagnosis yet or can't particulary find the problem (which happens given the fact that peopel are often referred to specialists along the way). but that doens't mean she's not under doctor's care since she is getting presciptions.

If she's coming to work and doing her job and doesn't present an imminent or direct health risk to others -- neither of which you have said is occurring -- then what is the problem that thinks you have to send her home?

If you truly have a medical problem that impacts the job or presents that risk then based upon documented or observable fact that shows a direct health risk or reflects an inability to perform the duties of the job, then send her for a medical examination to determine that.

And since you're in California, you are subject to California's anti-discrimination laws based upon medical conditions, so move carefully about forcing the employee to see a doctor simply because you SPECULATE that she MAY have a contagious illness.

Ashlyn

Thanks all for the responses...much appreciated.

Hatchetman: I guess my concern was two-fold. First, with regard to the other ee's who may not appreciate the exposure to the "bug." I know we cannot force ee's to see a dr (aside from the co's handbook excerpt that requires ee's to obtain a dr's note for 2+ days of sick leave). I was unsure, however, about the co's obligation to the rest of the workforce in terms of providing a safe working environment. Where does the law extend in matters of safety precautions dealing with illness? The second concern is the "not so subtle" backlash on the part of the officers...in my estimation, not only did it construe a negative message to the employees who asked for the aituation to be addressed (not necessarily asking that the employee be sent home - just that mgmt simply look into possible remedies), but the harshness of the response may be raising some serious red-flags in the employee-relations arena (i.e., employees are discouraged to voice concerns for fear of retaliatory backlash, etc.). Your thoughts?

njjel

If permitted in your state, I would express my concern to her that others are thinking what she has might be contagious and ask her to provide you with a note from her physician stating that she is not contagious.