Suspension

3159297

An employee has called in sick and alleges to have made a doctor's appointment for Monday. Her immediate supervisor has called this employee at home stated they are suspending her based on an investigation, but does not give any information on the suspension other than they are going to review things that have occurred during the past two weeks. This employee has now met with her doctor and the doctor states she is suffering from a sress related illness and is unsure of when she can return to work.

My question is - does this employee have the ability to collect short term disablility since she called in sick prior to being placed on suspension?

Thanks for your help.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 10-06-03 AT 01:30PM (CST)[/font][p]Short Term Disability procedures are created by companies, not law. Your company procedures and history of operating the benefit will determine who can and cannot meet your definitions as there would be no general rule mandating qualification. I can't see that the timing of a phone call would have any effect on qualifying.

This individual, depending on a number of factors, may qualify already for FMLA. Don't jump the gun and try to terminate until you consider all pertinent facts and possibilities. A manager at any level who has a knee jerk reaction to anything medical related is asking for trouble.

(edit) Now having re-read your question, I would say that if the person meets all the qualifications of your STD policy, the fact that she alerted the company of an illness and told the company she was sick prior to the company's knee-jerk reaction to suspend her....that would probably go a long way in the third party's decision as to eligibility. It's not as if she was suspended and then hollered that she was sick. I think your manager over reacted, but that's another chapter.

ray a

Suspension for calling in sick and even having documentation from the doctor that the ee is unable to return to work seems extremely harsh. Is there a history of poor attendance? Was their paid time off all used up? Were there any previous warnings of the verbal or written variety?

With my employer, STD would have been automatic.

Pork

3159297: Tell us more, or tell the manager/supervisor "no go on disciplinary actions or negative actions" toward this ee until you know the whole story. Jumping to the termination phase to quickly could be very costly. I know we managers think we know everything about how I treat my ees, but in your case the supervisor/manager might just be wrong, wrong, wrong. Follow "Dandy Don's" words and you'll be alright and so will his/her boss.

PORK

System

> Her immediate supervisor has called this
>employee at home stated they are suspending her based on an
>investigation, but does not give any information on the suspension
>other than they are going to review things that have occurred during
>the past two weeks.

This implies that the employee called out knowing that she was suspended and under investigation for something else. I would absolutely follow up that phone call with a letter stating the same.

I believe that, unless your policy says otherwise, she automatically gets the STD even while suspended. If the suspension leads to termination, that's even another thing. You may not have trouble proving that the employee was terminated for performance and that medical leave has nothing to do with it.

"Sam"