From Full mediacl restrictions to Full activity within hours
turbo
78 Posts
I put an employee on FMLA yesterday afternoon following a series of medical notes indicating a more and more significant medical condition each time as to where yesterday there was full restiction on use of his right hand in addition to climbing. The employee is an field service technician. Unable to do his job, we put him on FMLA until he is fully certified to return to work.
It is no a work-related injury.
The employee was furious- as he thought we would let him hang around doing something else instead of his job and still pay him......(he has mad eit clear he is tired of his job for several months now)
He went to the doctor and obtained another note that states no restictions are now on the employee so he can return to work.
The notes are within just 8 hours of each other.
We are concerned this employee is going to return to the job ...become 'injured on the job because he is doing something with his wrist he really shouldn't be and/or because he is disgruntled and broke.
Do we allow him to com eback? I have no resticted duty assignments for him - and he is now under No restictions.
It is no a work-related injury.
The employee was furious- as he thought we would let him hang around doing something else instead of his job and still pay him......(he has mad eit clear he is tired of his job for several months now)
He went to the doctor and obtained another note that states no restictions are now on the employee so he can return to work.
The notes are within just 8 hours of each other.
We are concerned this employee is going to return to the job ...become 'injured on the job because he is doing something with his wrist he really shouldn't be and/or because he is disgruntled and broke.
Do we allow him to com eback? I have no resticted duty assignments for him - and he is now under No restictions.
Comments
My $0.02 worth.
DJ The Balloonman
Thanks...I have asked the physician to verify just that - and faxed over both notes issued yesterday from his office yesterday as well as the employee's job description.
I am waiting for a reply - the second note may be forged by the employee - just my suspicion - because everything about the note is the same, the time, the date, listed restrictions dates - except where restrictions were listed it now says no restriction.
I have also asked the doctor to clarify/explain his change in judgment within just a few hours without an additional exam, I have also asked his to verify that no further injury or aggravation to his condition will occur based on his job requirements. I am waiting on this.
If the note is forged the employee is fired. If it is not - then I will send him for a second opinion - I guess the company must pay for it or the full fitness exam?
Good advice. My only other choice if he must return is to send him in the field with another service tech to watch him...this doubles my costs.
I am really trying to think positively - but I am thinking a worker's comp. injury will soon happen....
Will it be cheaper in the long run to just terminate him?...incompatibiliy and loss of confidence of the company in the employee..with his current attitude we don't think he will treat our customers as he should while doing his service calls. If he has no restrictions then there are no medical issues to tangle up the termiantion...correct?
Seems to me you have 2 primary options here:
1) seek a 2nd medical opinion or conduct your own fitness-for-duty exam to determine if the medical status warrants a full RTW status; or 2) permit the employee to RTW in accordance with the physician's statement. Worrying about the "what if" is probably not time well spent as the employee is likely at no greater risk of injury OTJ than anyone else. I'd be inclined to obtain the FFD exam and see what that medical provider concludes. Good luck.