New Emplyee and Medical Issue

LindaS

I have a new employee, just completed her probationary period within the last couple of weeks who now may have a significant issue....

Prior to this EE being kept after her probationary period the supervisor was asked about her performance, etc. nothing he stated regarding her performance made us think twice about keeping her - all was okay. After her probationary period was completed (why do people wait to say something???) we found out that she was apparently having significant medical issues and "borrowing" OTC medications from numerous people. She also made, according to our EEs, statements to numerous employees that once she was hired on FT she would be off work for a while due to medical problems.

Well last week I get a call from our local hospital that she, the new EE, will not be in to work that day due to a medical issue. The next day the EE returns (this was on Thurs.) and brought in a slip stating that she was to be off the previous day but nothing stating the medical issue. I asked her how she was feeling and she stated that she was not feeling any better. I asked her if she wanted to tell me what was going on and she stated that she had been diagnosed the previous day with a brain tumor. She has no additional information as she is seeing her physician today (Tuesday) but did state that she did not feel she could work safely due to her headache.

Obviously I removed her from work pending her being seen today by her physician but am wondering what, if anything, is our responsibility to this EE past today? I know that we do not have alot of information and we have to go by what we have done in the past but I do not recall having this new of an EE with this kind of medical issue before. Not only does she not qualify for FMLA, she does not qualify for our STD either as it requires six months of employment.

What would you do in this situation? Any thoughts?

stilldazed

I know that you know to look for state-specific or policy-specific guidance. Apply your company's attendance policy, either with or w/o medical statements (as your policy dictates).

We've had similar situations and have let the folks go. Seems cold but there is a limit to what can be done by an employer. Ours happens to be that if there is no FMLA protection and no finite, reasonable length of expected absence, we have no place for the individual. We do, however, encourage them to provide medical statements to document their file that there was an extenuating circumstance and encourage them to re-apply for employment in the future if their health issues resolve.

By the way, employees withhold information in the face of probationary periods because there is a probationary period. She obviously suspected that she would need insurance, probably needs a job, and was trying to hold on for both.

best wishes

davids

The employee had no legal obligation to inform you or her supervisor of her medical condition; so, that should not be a factor in how you deal with the situation. In fact, you may be better off not having known about the condition. If you did know, and then removed her from her probationary period, you could be facing a claim of disability discrimination. If she is not eligible for FMLA or a similar state law, then treat this according to your company's policy. Don't forget to explore possible ADA issues.

LindaS

Update...

EE brought in a slip of paper today stating that he needs off work for an uncertain amount of time for evaluation of her headaches. In talking with her she states that they now feel she may ALSO have a brain aneurysm in addition to the tumor and that may be what is causing her headaches. She is having an MRI on Thursday with a follow-up in 7-10 days and treatment to be determined.

Rockie

If you have an attendance policy, I'd explore the terms and conditions of that. Employee does not qualify for FMLA and has excessive absenteeism. I'd advise the employee it does not appear they are able to hold a job on a full time basis. Also advise if and when they are able to resume employment, they would be welcome to apply for any vacant position at your company.

LindaS

As an updated...

Last week EE came into work and informed me that there wasn't any tumor and she was being treated for "cluster headaches". She returned to work on Monday and worked for two hours and had not been back to work since. She has called every day stating that she was "sick" and is supposed to go to the doctor today. At this point I am letting our Attendance Policy take care of the situation and will not be excusing any additional absences.

NaeNae55

My husband suffers from cluster headaches, and I do mean suffers. They are considered to be more painful than a migraine. However, they tend to be comparatively short. The longest one he ever had was about 2 hours, and I ended up taking him to the emergency room (he was walking into walls). His shortest one was about 7 minutes.

Cluster headaches can come and go. He has had as many as 14 in a single day. These kinds of headaches also tend to go in cycles. He might have them for 2 months, or up to 18 months. Then he will go the same period without them.

He has rarely missed a day's work because of them. He usually just takes his meds and paces until it goes away. I can't imagine someone missing days at a time. It sounds like a story to me, or perhaps someone who hasn't learned to deal with them. I understand that they are more likely to occur in males, and that it is not unusual for people recently diagnosed with them to commit suicide. (If you are new to them and having them back to back life can seem too much of a burden.) I sincerely hope your employee is just telling a story, and not in the latter category.

I agree that following your attendance policy is the best method right now, but you might want to make sure you have all your bases covered. I think migraines qualify for FMLA, but not ADA. If they do, then so would cluster headaches.

Good luck!


Nae