no certification

Several months ago (actually March 2004) an employee informed us that he has a serious health condition. His doctor presented a note that stated this employee could not set-up machinery--no other restrictions were mentioned. I gave the employee FML paperwork and informed him that the paperwork was due within 15 days. I did this in the event the employee needed to take intermittent leave or miss any time from work.

As of today (end of August 2004) the employee has not returned the certification. I spoke to him about this and he said his doctor states he is too busy to complete the paperwork.

Several times this month this employee has left work an hour early. No explanation has been given to me why he has left early. Because we have a point-based attendance policy I have been issuing attendance points.

I'm not sure if I should be doing this since no reason was given to me for his leaving early. Even though I know he has a serious health condition I have not received FML certification from his doctor. I know you may say to start the clock but that won't matter because we never terminate anyone at the end of their 12 weeks FML anyway. My only concern is for the attendance points. Should I issue the points? ask the employee why he is leaving early? I don't know what to do in this instance. Thanks for any help you can provide.


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  • Couple of things...

    1) The EE informed you that he has a "serious health condition" but provided NO backup medical documentation so therefore you would treat him the same as any other EE.

    2) The fact that he is leaving early should earn him the "points" in absence of his providing medical cert.

    3) As far as the physician "not having time" it is up to the EE to get the physician to complete the paperwork.

    This sounds like more of a case of the EE wanting to do what he wants, when he wants. As long as the EE is aware that his failure to get the cert. completed means that he is accumulating "points" the ball is in his park.
  • I would notify the employee, in writing, that if appropriate medical certification is not received by (give a specific date), then you will be forced to make your decision regarding his request for FMLA based on the information you have available. Should the request for FMLA be denied, the attendance policy and point system will be applicable. Depending on your policy and your documentation of repeated reqeusts for info, you may even include the points will be applied retroactive.
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-08-04 AT 05:38PM (CST)[/font][br][br]He does not have a serious health condition since that is a conclusion one arrives at only after an analysis of appropriate documentation, which you do not have. If you have given him the appropriate FMLA paperwork and it has not been returned, you do not owe him a denial of the application or any further correspondence. I would continue to work through the attendance points system. The doctor's statement that he 'cannot set up machines is totally inadequate and useless as far as approving FMLA or restricting job duties.

    (edit) What I mean above is that if you have given him the application, including the statement to be completed by the physician, and none of it was returned, you owe him no denial since you have nothing to deny or approve.

  • So Dan, what you are saying is that she should put him back to work doing his regular job including setting up the machines, etc. until he provides medical certification, if he ever does!
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-09-04 AT 08:24AM (CST)[/font][br][br]I would have already sent the doctor a specific job duties and physical requirements document fully explaining the job. And requiring that the doctor indicate which, if any, of those duties and physical demands could not be met because of a medical condition. We have quite a few machine set-up people whose duties in that respect require nothing more physical than all our other machining occupations. I would not snatch him off a setup job based on what was provided.

    Now if your setup job requires climbing a scaffold or lifting 60 pounds while turning and bending, I might consider suspending that temporarily until I did get the document in hand that I suggested above. But, having not received it, the job is the job is the job.

    Doctors are becoming more notorious daily for giving a patient any kind of note they ask for. "Man, I'm tired of doing those setups. Can you get me out of that?" "Sure, no problemo."
  • I absolutely agree with Dan. The only thing I would add is we would send the ee through our company doctor also.
  • >Dan agrees. x:-)

    Who is Dan?
  • I was referring to jmcca calling Don, Dan. For some reason I found that humorous. I'm quite young and inexperienced, so sometimes I get a little silly. /:)
  • It is my understanding that Dan is Don's liberal democratic twin brother. :~~ They used to be joined at the hip, but were recently separated because they were getting on each others nerves.
  • Actually Dan is my waterboy and totes certain other stuff for me, on command. He's from Illinois and I'm teaching him to speak Southern.
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