Can we ask about Medical Conditions?

justgettingstarted · March 2004

Someone please help,

Within two months we have had two employees with medical conditions. The first one abruptly wanted to leave one morning all the while she was talking out of her head. We tried to stop her and offered to drive her home. She still insisted on leaving. Later she called in explaining that she has seizures and to let her do her own thing.

The second, this past Friday we had a man to go into a seizure and he wasn't coming to. We called 911 and his emergency contact number. Once he came to, he said that we shouldn't have called the ambulance.

With both of these cases we were unaware of any medical conditions.

My question is can I ask if there are any medical conditions that the company beware of and if there are what steps should we take to see that they are handled correctly.

Parabeagle · March 2004

I don't think so. I suggest that when you interview people, you simply ask if they can perform the essential functions of the position, with or without reasonable accommodation. It is up to the employee to tell you whether they can or not.

I think you handled both situations as well as you could under the circumstances. NEVER be embarassed about calling an ambulance if you feel it's appropriate (the employee's opinion notwithstanding). Any EMT will tell you: They would rather you call them and let them evaluate the situation - that's what they're paid for and that's what our tax dollars are for.

deniseE · March 2004

[font size="1" color="#FF0000"]LAST EDITED ON 03-16-04 AT 10:12AM (CST)[/font][br][br]Agreed...you can't ask...but you can write a policy to provide guidance to the workforce about what to do when these types situations occur.

We are working on such a policy...we've included language that will provide for a cab to be called to take the ee either home or to the hospital/doctor if they refuse an ambulance. No other ee is permitted to drive them.

You can also meet with these 2 individuals and remind them of the FMLA rights...documenting such discussions may prove beneficial should something ever happen.

Ultimately, if the ee is fit to perform the job function...then there is not much you can do. BUT if these situations are impacting the ee's ability to do the job...then you may request that they undergo a physical exam-at your expense...this may help you to determine if they are really fit for duty.

Brad Forrister · March 2004

Para, I think Justgettingstarted's question wasn't limited to what could be asked in interviews.

Justgettingstarted, you might look at some of the responses in the "EE having seizures in the office" thread.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

Rockie · March 2004

I think you would be well within your rights to ask the employees to present a "Fitness for Duty" statement from their physicians.

I'd just approach it like "Andy & Barney, we are concerned about the recent medical episode that you guys had and want to make sure you are ok to perform your duties. This is for your protection as well as ours." Then, of course, go on to advise them of their FMLA rights if this applies.

I'd not let the employee make the call on whether an ambulance is called or not. When in doubt, call.

I'd also not let an employee "talking out of his head" get into a vehicle and drive. At the very least, call a cab.

mrsbowden · March 2004

"I don't think so. I suggest that when you interview people, you simply ask if they can perform the essential functions of the position, with or without reasonable accommodation. It is up to the employee to tell you whether they can or not."

I agree with beagle....you did the right thing and this statement above is key for you to ask during the interview or pre-employment process.

JM in ATL · March 2004

Such questions are not allowed during the interview process, of course, but when an employee begins work I have them fill out an entire form, of its own, asking for primary and secondary contact information. It also asks for PCP informtion and to list any medical information they feel is important for us/and EMT to know in the event of an emergency. Such as medicines they are allergic to.

That way they have the option to offer information that could save their lives should an emergency occur and they can't claim that the company neglected to offer proper treatment. Even if it is well known that someone has seizures, until it is on the emergency form, we will not take responsiblity for ensuring proper precauctions or life saving measures are taken. Now of course if someone clearly needs an ambulence it will be called, but an employee can't turn around and say: "they knew I am prone to seizures b/c I talk about it all the time and they didn't help me properly before an ambulance arrived". Know what I mean.

In HR it's all about CYA!!

justgettingstarted · March 2004

JM

Thank You for your comment. Do you have a copy of the form that you ask to be filled out. Also, do you include it ion the new employee packet?

AnneHa · March 2004

I have a form very similar to JM's (in Word format) that I would be happy to email you. Your email address is disabled, so you will need to post it. Or I can fax it to you.

Anne in Ohio

mrsbowden · March 2004

AnneHa,
If you don't mind I would love to have copy too...

[email]casseybowden@ucwv.edu[/email]

lukkieseven · March 2004

I'd appreciate a copy as well
[email]mariant@youtheastsideservices.org[/email]

Dutch2 · March 2004

We do not ask before hand. But once the ee is talking openly about their "health condition(s)" their supervisor will ask them if there is anything we need to know just in case. So far, everyone has been very helpful as to how they feel we should respond to help them should the situation arise.
Good Luck,
Dutch2

justgettingstarted · March 2004

Anne,

That would be great!!! My fax is 513-731-5641.
Thank you!!

vic · March 2004

I would appreciate the form also - e-mail is [email]vickic@janusintl.com[/email] or fax 770-562-0320. Thanks.

JM in ATL · March 2004

Coming in a bit late, but I will send mine too. It's nothing fancy, but it get's the info I need.

I do include it in the new hire packet, but I also file it separately from the personnel file. Just so it is easy to access and in case of emergency and if medical information is provided on the form, it needs to be in confidential files.

JM

AnneHa · March 2004

I would love a copy of your form to compare to mine (and improve if I can):

[email]ahackman@mail.portsmouth.lib.oh.us[/email] or fax to 740 353-1249.

Thanks,

Anne in Ohio

DB · March 2004

Can I also get a copy of everyone's forms, please? My fax is 618-624-4508 (Attn Donna) or email to [email]dbrockmeyer@ofallon.org[/email].

Thank you very much.

justgettingstarted · March 2004

Thank you for everyone's responses they have very helpful. Also, Thank you to those who faxed me a copy of their forms.

mrsbowden · March 2004

I am also very appricative for the info. Happy St. Pattys day!

Sue2 · March 2004

I would also appreciate a copy of the forms. My e-mail address is [email]slong@gswsa.com[/email] or fax (843) 347-4680. Thanks!

rla · March 2004

I am coming in late too. But could really use a copy of all these forms for review.

Thanks - [email]andersonr@jimcolamp.com[/email]

amwkim · March 2004

I too am a late comer! Please, could I get a copy of everyone's form? Thanks! x:7
[email]khauge@amwcorp.com[/email]

Can we ask about Medical Conditions?

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