FMLA? ADA? Work Comp?

KP68

Employee calls in sick on a Friday and again on the following Monday because she did not feel well as a result of working near the designated smoking area in the building.

She did not give a specific reason for calling in until the following Monday, and ironically enough, smoking was prohibited in all areas of the building on the Friday she called in. When she was told about this change on the following Monday-the second day she called in due to this(three calendar days later), she said she still could not come in, as she 'still needed to rest' - after not working since the previous Thursday.
When asked for a note from her doctor, she said she will not go to the doctor as she cannot afford to. She has exhausted all earned paid time so far this year, and there were no prior complaints on this. Can we require her to go to the doctor so we know if and how this has affected her? How would you handle this?
FMLA?
Work Comp?
Potential ADA?

Balloonman

Looks like an unexcused abscence to me! With no Dr. note to back it up.
My $0.02 worth.
DJ The Balloonman

LindaS

Do you have a policy regarding returning to work with a drs. slip? If so, enforce that policy. In the event that you don't have one, the first thing you should do is get one in place but I would treat this as an unexcused absence, since this is what it is, and follow your policies accordingly.

Don D

I agree. Hopefully she is rested up enough now to mosey on down to the UI office to file her claim, which will sumarily be denied, one would hope.

KP68

Does anyone think I should send out FMLA papers??

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 02-17-04 AT 11:31AM (CST)[/font][br][br]I would be more inclined to send her a termination letter. But if you do send the paperwork, send it certified mail with a letter stating she has 15 days from date of receipt to turn it back in to you and also tell her that the absences are, for the moment, treated under your attendance policy.

KP68

I'm glad you edited that last one, because I had already sent the FMLA papers to her.

Carey

To be a serious health condition covered by FMLA the absence must be 3 consecutive days and include treatment two or more times by or under the supervision of a health provider or one treatment by a hcp with a continuing regimen of treatment. While it looks like she's met the number of days, if she's not being treated, then it's not a serious health condition. I would also have sent the FMLA paperwork and give her the opportunity to produce the medical certification, but it doesn't sound like she will. Then at that point you will be able to handle as an unexcused absence if that's consistent with your policy and practice.

KP68

That's the angle we're taking on this. I'd rather provide her the opportunity to provide us with this info. If it's denied, we can show "good faith effort" that we attempted to determine her eligibility for job protected leave.

BTW, as an update, she has since stated that this is work related and that sitting in this area has caused her health problems as a result. Work Comp has been filed, but it's doubtful we'll accept liability.

SMace

It's MORE than three consecutive days.