New EE, No FMLA

LindaS

I have a new employee who does not yet qualify for FMLA leave. He was off work for 1-1/2 weeks back in May due to a neck injury - there was no specific diagnosis, treatment plan only prescription meds. and PT. His absences were doctor excused.

Now he if off work, again, claiming the same neck issue. He has been off work 3 days and, in talking with him this AM he states that he is being treated with prescription meds. and is scheduled for an MRI sometime this week - does not have any follow-up appointments at this time. He states that now the docs. feel he has a bulging disc and is also on work restrctions. I asked him about his restrictions and he states that the doctor does not want him to do anything that will hurt his neck, which he states hurts all the time.

I'm trying to decide what to/not to do regarding this EE. I do not want to extend FMLA rights to him since he does not qualify and when he is pressed for specifics regarding his medical condition he becomes very defensive. He is a good employee but we are a union facility and I cannot grant him something we are not willing to give to ALL employees.

I'm thinking the best thing to do would be to place him on a medical LOA, send him a letter stating such as well as a copy of his job description. Require that he visit his treating physician within the next 10 days and provide our company with specific information regarding his health condition, any restrictions and lengths thereof as well as any potential treatment plans. Inform him that once we receive this information we will make a determination regarding continued employment and should he fail to complete the requisite tasks, his employment will be terminated.

His position is one that we cannot continue not knowing each day whether or not he will be at work.

What say you??

Susan in La

It sounds reasonable to me. Just make sure you have no state laws that give greater protection than FMLA.

stilldazed

I think I take that approach as well. Your lead in, of course, is his recent absence. Unless you have a fitness for duty stmt from his physician, you really should confirm whether he can or cannot perform his job duties, and until you get a confirmation from his physician, it is wise to not allow him to return to work.

This worker may be a good worker, but I think we have all seen instances of a worker stretching the circumstances to fit the worker's preference. With a list of his job duties, you may find that the physician is fine with allowing him to continue working and may not require any restriction at all. Of course, yet another issue will be whether you have any ADA duties, and the medical statement would confirm whether there is any need to address whether consideration of a reasonable accomodation is due.

best wishes.

LindaS

Thanks for the replies. I spoke with this EE yesterday and informed him that he was being placed on a medical LOA, based on his statements regarding his health condition, through July 11, 2008. During that time he is required to be seen by his health care provider and that he will be required to either have a full RTW statement from his physician, if there are any work restrictions - what they are and how long they are in place and if there are any follow-up treatments- what they are and their duration.

This EE is NOT happy about this and stated that his medical restrictions state that he is restricted from doing anything that hurts his neck - talk about vague!!!

In any event, we are doing the best we can and the letter also states that if he does not complete the requirements as outlined that he may be terminated.

Thanks for your input!!