RE: is it legal to ask

Whatever

1. Send her FMLA papers.
2. Did you report this to your insurance carrier? If not, do so immediately. In either case, express any concerns you have to the insurance carrier.

eds131

I have an employee who bumped her toe on a file cabinet while "kicking" an empty box into place. The employee had open toe shoes and needless to say she complained of the pain until she said she was leaving to go to the ER to have it checked. I have her the list of WC facilities where she would need to go.

She called back that afternoon and said that the Dr in the ER said the has a sprained foot and she would be unable to come in the next day. I told her that her job does not require her to be standing, but she insisted that her Dr said she has to keep her leg elevated with some sort of sock on. (this happened last thursday) so now it's Monday, and she called in and left a voice mail stating that she will not be in and that she has a Dr appointment on Thursday to see "what he says".

is it legal to ask the following questions:
Can you come in and bring the note today?
Have you been driving your kids to school?
are you able to drive?
Why aren't you able to do your work (it's a desk job)?

We have never had an employee get injured here and have no idea if we can require her to come in.

eds131

we have under 50 employees so are exempt from FMLA. We havent called the Ins Carrier yet, will do so today.

SMace

Does the doctor she is seeing know the physical requirements of her job? Make sure the doctor or the nurse has the info and let them do the work for you. Also tell the doctor or the nurse that you have work available and will accomodate light duty as needed (if that is the case).

You might want to examine writing her up for an unsafe act.

eds131

SO, As the employer, we can call the physician? Doesn't HIPAA not allow employers to get info unelss we have an auth?

SMace

HIPAA does not apply to worker's comp. Yes, absolutely yes, you can call the doctor and give them the info I described above. You are also entitled to info about their injury and you do not need a signed auth.

Whatever

I would follow Smace's advice except I would also make sure the ins. co. has the same information.