Playing the system

I have an employee who has exhausted all FMLA and comes in with doctor's note for injured back that did not happen at work. He has restrictions that we could not accomodate due to type of job he does so if he doesn't come in to work, he will lose his job because we also have a points system that he is at the top of his limit for. In less than one hour from time he brought first doctor's note he returns with another note stating he can return to work with no restrictions. Keeping all the laws that we have to navigate every day, what would you do?


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  • If he has a doctor's note stating he can return to work without restrictions but the circumstances are suspicious, you can send him for a second opinion (on your dime). If the second opinion says ok, you can let him work. If it says no, you will have to pay for a third opinion. Or, you can just let him work. He has a RTW authorization after all.

    Honestly, I think in this case I would call my attorney to make sure I didn't end up costing us a ton in the long run.

    Good luck!
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