Medical Restrictions
LindaS
1,510 Posts
I have an employee, not yet eligible for FMLA, who brought in a doctor's slip simply stating that the EE could not work in two areas of our plant due to a pulmonary problem. When I asked the EE why the doctor felt they could not work in these areas she stated that it was due to the chemicals. I asked her if her doctor had any information regarding the type of chemicals used in these areas and she said "no". I then asked her what was said to make the doctor write this and she stated that she informed her doctor that when she worked in these areas her lungs got "gurgly".
Because this EE does not qualify for FMLA I am looking at the ADA possibility and have informed her that I need additional information from her and her doctor regarding what, specifically, she cannot be around. I told her that I would provide a list of the chemicals that are used in these areas and that simply allowing her to not have to work in those areas may not be the best solution due to our CBA and requirements therein.
She responded that she felt she had a right to medical privacy and did not have to provide any additional information and felt this note was sufficient. I responded that it was her right to NOT provide additional information but that in instances where she was needed in those areas to work and she was not able to, she would be sent home and it would be unexcused.
I am a little unsure how to proceed with this. Is there something I'm missing?
Because this EE does not qualify for FMLA I am looking at the ADA possibility and have informed her that I need additional information from her and her doctor regarding what, specifically, she cannot be around. I told her that I would provide a list of the chemicals that are used in these areas and that simply allowing her to not have to work in those areas may not be the best solution due to our CBA and requirements therein.
She responded that she felt she had a right to medical privacy and did not have to provide any additional information and felt this note was sufficient. I responded that it was her right to NOT provide additional information but that in instances where she was needed in those areas to work and she was not able to, she would be sent home and it would be unexcused.
I am a little unsure how to proceed with this. Is there something I'm missing?
Comments
It seems to me that you are making a good faith effort to work with her but she's not being as cooperative as she could be. If you haven't already, you might do the following.
Explain to her that you don't need to know anything about her medical condition, but do need to make sure her doctor has all the information needed to make an accurate recommendation regarding work restrictions and, as a result, she needs to take a copy of her job description and a list of the chemicals, etc. she may encounter to her doctor for his/her review.
Let her know that if, after reviewing the materials, the doctor determines that the she cannot work in that area, the doctor will need to provide a detailed work restriction notice that specifies what she can and cannot do at work.
I would give her two weeks to do the above and let her know that during that time, she doesn't have to work in that area; however, if no other work is available, she will be sent home without pay.
This buys you some time to consult with an attorney and your workers' comp folks about what steps you should take after you receive the updated restrictions, depending on what they are, of course.
Please let me know how all this turns out.
Sharon