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DR Release to Come Back To Work

napelnapel 18 Posts
in HR & Employment Law Vote Up0Vote Down
What are the consequences, if any, of allowing an employee to return to work after an illness the day [I]before[/I] his doctor releases him?
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  • 3 Comments sorted by Votes Date Added
  • NaeNae55NaeNae55 3,243 Posts
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    You might become responsible for any related work comp issues, you might be held liable if the employee was not well enough and causes harm to a third party, AND you set a precedent so you will have to do so in the future no matter how ill the employee might seem.
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  • napelnapel 18 Posts
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    Thank you for the answer. I appreciate it!
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  • Still Need CoffeeStill Need Coffee 507 Posts
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    As always, Nae said it very well. My biggest concern with allowing employees back prior to being medically released is one of liability. The last thing you want is some employee saying "I felt pressured to return to work even though I was on FMLA, so I came back before my doctor released to me. And that made my condition so much worse!" Now all the sudden you're responsible for a whole host of potential issues.

    We require fitness for duty notes from physicians any time an employee has had 5 consecutive days of illness, and we are even thinking of cutting that time frame down!
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