Sick employee refusing leave of absence

LDM

Let's say there is an employee who is obviously not well. He has had a number of medical tests and has been diagnosed with a chronic, though treatable, condition. Recovery is slow and medical tests and doctor's appointments continue. He has refused medical leave and keeps trying to work, probably because he can't afford to take time off. His managers, who are concerned about him and who have been very patient up to now, want to force him to take a leave of absence. His performance was good in the past, but now it is slipping and his negative behavior is difficult to deal with. He seems very fragile and we are afraid of pushing him "over the edge". Any advice?

Hatchetman

You are in a difficult spot. I understnad your managers' concerns for th eemplyee. But, you really can't force anything at this point.
What you can do is to document the poor performance, ask the emplyee for an explanation or why he sees his performance deteriorating. If he states it's because of a his phyiscal condition (or mental), then that's your opening to discuss possible medical exam to determine if he is able to perform job. If you can make a logical connection between the poor performance and the medical condition without him acknowledging it, then you can also do a fitness for duty examination. I'm sure his deteriorating performance has been discussed with him by now. What has his explanation been?

But your managers just shouldn't force him on leave without his consent or a finding by an appropriate medical practitioner (the fitness for duty exam) that at this point he can't perform the essential duties of the job satisfactorily without undue risk to others or himself. If they want to put him on leave and pay him his regular salary, then maybe he'll agree to it. Maybe he'll be willing to go to his doctor and get a statement about his ability to perofrm the duties -- make sure the doctor has all ithe information about job duties and the employee's job performance at that point. The doctor can then provide some information about the employee's ability to perform the job (make sure it's explained to the employee and his authorizaiton is obtained).

In discusing his performance and connecting it to the OBVIOUS (if that is what it is) medical problems, perhaps the manager can explain the company's medical leave policies, including those under FMLA, and any STD benefits. Maybe that's something the emplyee isn't aware of. Depending on how th eemplyee responds or a doctor's assessment, you may want to take a look at changing duties.