Dr's Orders

Richard S

I have an employee who is pregnant. She is our receptionist. She has told us verbally that her doctor wants her to take two days off bedrest. she has not presented any written doctor order to that effect. She has said that she cannot take the time off, financialy.
Should we go by employee statement or do we demand a Dr. note? If she does not present the Dr. note, would she be successfull in a suit against us for not sending her home anyway?

Margaret Morford

From a practical standpoint, I would sitdown with the employee and tell her that you are concerned about her and the baby. Stress that your primary focus is her health and the baby's well-being. Tell her that because she told you about the doctor's orders, you now need the doctor to let you know in writing what her medical status is. If she's okay to work, then you need a doctor's note telling you that. If she needs bed rest, the doctor needs to tell you that as well. In other words, you need a note regardless. The doctor can fax it if necessary. Again, stress that your primary concern is for her. Is there any extra work she could pick up to make up the economical difference, such as four hours filing on Saturday?

One of the employment attorneys will have to address your liability.

Margaret Morford
615-371-8200

System

Do you require doctor's verification ANY TIME an employee calls in claiming illness? Isn't that what the employee is doing here? If you do require doctor's verification for all employees when they call in ill, then require it for her. If not, absent any particular problem, such as her abusing sick leave in the past, then don't require it of her. Treat her pregnancy as you would any other temporary disability.

Richard S

Thank you very much for your valuable help.