Quick Response Please

njjel

An employee just came to me to advise me that her doctor wanted me to call him regarding her mental state. She said that relieving the receptionist on the front desk is proving to be too much stress on her (it is a very busy and sometimes nerve-wracking spot). I advised her that her doctor should speak with her supervisor. She stated - "Well this is very confidential medical information." My question is, should I intervene (break the chain of command) or have the doctor speak with the supervisor?

ray a

I do not allow the supervisors to speak directly to doctor's or case workers or any other professional concerning ee's, unless of course they are subpoenaed. I always handle these calls.

Ruskanen

It sounds strange to me and in the age of HIPAA it doesn't seem like a doctor would want to discuss private medical matters with their patient's employer. Even in other situations when you are requiring documentation for FMLA you are not supposed to contact the patient's physician. I would stay out of it. It may be a conflict of interest. Do you have an EAP that can intervene?

njjel

No EAP plan here unfortunately. If the ee is to be excused from relieving the receptionist, we would require a doctor's note from her doctor as this is a part of her job description.

marc

It sounds to me like you are on the front end of a possible ADA situation. As I understand it, the interactive process should be with the EE, not with the Doctor.

That said, if you get to the end of a process, whether it is with the EE or with the Doctor or both, you may be faced with changing the job description to accomodate this EE. If this is an integral part of the job and it does not make sense for your company to exchange the back-up reception duties with another position, then accomodation may not be reasonable for your company.

I know I have jumped ahead a notch or two. I would not feel comfortable having anyone talk directly to the Doctor. Require him to put his restrictions in writing so you have the documentation to support whatever actions you subsequently take.

Don D

ya da ya da ya da. You asked for quick help. Take the call or make the call. Speak with the doctor. Let the doctor be responsible for and worry about what he chooses to reveal. He is probably simply going to suggest to you that you take her off that task. The supervisor should have no role in it. Next step, give her the FMLA paperwork to give him if any absence at all is going to be anticipated. If not, then relax and do the ADA interractive analysis. If that doesn't pan out, put her back on her regular duty. Get a job description to the doctor and ask that he specifically point out to the company in writing which parts of her job she cannot perform. But, yes, first, take the doctor's call.

njjel

I appreciate the advice. Dr. just called me and advised she can not relieve the receptionist while she is in "this state of mind" due to the stress it gives her and that he would write a note to me for her. I requested he state a time period she was to be relieved of this duty and he said he would. Now, does the supervisor have the right to know WHY this ee will not be relieving the receptionist?

Whatever

No. The supervisor just has to be told that the employee cannot relieve at the receptionist. If you know how long, you can tell the supervisor that.

Don D

I hope you get the FMLA paperwork into the equation. Unless he won't cooperate, don't give the doctor the impression that 'a note' will suffice. The note will not give you the information you need in most cases. The supervisor only needs to know that you have pulled her from that rotation, not the medical circumstances. Even you might not know that. Respect her privacy and give the supervisor only what he needs, which is that she cannot perform that duty until/unless you advise otherwise. I realize that may be a tough thing to handle depending on your culture but, it's a best practice suggestion.

njjel

Don - The ee has yet to miss any time due to her mental health. But she is frequently seen in one office or another crying over one thing or another. She is going through a nasty divorce which further complicates her personal life. So as to the FMLA issue, I will set it into place if it is a factor for sure. Thanks for the help.