sick leave

gimper

Our company offers sick leave to full time employees "in the event of sickness, accident or emergencies..". We grant sick time to be taken for Dr. appointments, but the question has come up if alternative medicine (herbal therapy, etc.) qualifies for sick leave. If so, does the law define this, or does the employer? I do understand that whatever is decided, it must be applied fairly and consistently.

Hatchetman

You probably need to check out what "health-related" professionals are licensed in your state. For example, if your state licenses herbal therapists as a "healing arts" practitioner of some kind, then I would allow that to be covered under doctor's absences. Take a look at FMLA to see what specific licensed "health care professionals" the feds consider.

System

Generally, the law lets you define your sick leave policy any way you want. Except if the leave is protected by the ADA (time off for chemotherapy) or the FMLA. The FMLA regulations list health care providers: podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse-midwives, clinical social workers, Christian Science practitioners, and any other health care provider that's covered by your health plan. (29 CFR §825.118)

From a practical standpoint, you might want to give employees a lot of leeway in deciding what a health care provider is. You don't want to ask about employees' health any more than absolutely necessary. It could hurt morale, invade their privacy, and reveal ADA disabilities (opening yourself up to discrimination claims if you later take action against them).

James Sokolowski
Senior Editor
M. Lee Smith Publishers