What Can I Do?

Sunny

I'm really stumped on how to handle this and could use some of the forum's wisdom. We have a plant employee who fractured his finger at home. I gave him FMLA and Short-Term Disability paperwork which his doctor completed saying he would not be released for 4 weeks. I put him on STD. Last week (middle of third week) our Plant Manager and Director of Operations were on vacation in Florida and saw this employee at a water park - no brace or cast - riding the rides and having a grand time. He even shook hands with the Plant Mgr. with no sign of pain or trouble. Now they want me to do "something." But what? It's not work comp so I can't call his doctor. Can I call the employee and tell him he was seen in good condition and better get back to work? The paperwork supports his excused absence and short-term payments. Help!

SMace

Even though he was seen, you may still be jumping to conclusions. Maybe he just took the brace off because it was feeling better. When they are on FMLA, STD they do not have to remain locked in the house. I would call the ee and ask them to come in to talk. I would tell them what you know and ask him how he is. He may offer to come back early. I would not make a decision until I talked to him personally.

System

The doctor based his decision apparently on an x-ray and information given to him/her by your employee. If his hand is indeed fractured, then part of the treatment would include a cast or at least an ace bandage. Of course you have to take it off if you're on a waterslide. Maybe your boss doesn't have a firm handshake and it didn't hurt to shake hands with him. Who knows why he can ride rides and shake hands but can't come back to work. What kind of things does he do in the plant?

I think I'd call the employee myself and say I talked to the plant manager. I'd ask the employee how he's doing and ask if he's ready to come back to work.

We all know that some employees will milk a situation like this one. We all have 'em. Sometimes there's not much you can do when they bring supporting documents from their doctor.

Al Vreeland

It's too soon to request recertification. You could request a second opinion (at your expense), but that would only cut off any remaining leave. His leave up to this point would still be protected under the FMLA.

Although it's frustrating, the FMLA does not require him to stay home during the leave. Absent some express misrepresetnation, you don't likely have any disciplinary recourse.

safety

I agree with the comments about talking to the ee but I have a question. Why would you consider bringing this ee back early and take a chance of them aggravating this injury and having your WC carrier/plant bottom line buy it? If the doc says four weeks it needs to be four weeks unless the doc releases them to some kind of light duty that you can accommodate.

pork1

SAFETY: Definately call the ee in and dicuss the situation and the conversations with your seniors. Read your short term disability policy, with reference to light duty, fraud, physician's release. The EE could probably go back to the physician and get released early, or show even more tenderness and get extended for several more weeks. In any case, the ee owes an explanation of his fun times at the water park with no cast. At the least it is damaging to his creditability with the senior leaders. They will remember the incident and the next time his/her name comes up for promotion or transfer or whatever it will be a negative response from these leaders.

PORK

Yahoo

Another suggestion is to notify your STD provider of the incident. My provider has often looked into situations like this & they CAN call his doctor. Good luck!

System

Safety is on target with not wanting to bring the employee back before the four weeks. Doing so would only aggravate or embarrass the employee. He'll never admit to having been able to come back early. If you make a 'force play', he's apt to "re-injure" his hand on company time, if nothing else but to prove he should not have come back early.

I still think I would talk to him, but I wouldn't imply that he's being a fraud.

Sunny

Thanks everyone. I did call the employee and ask how he was doing. He told me he was better and was going back to the doctor tomorrow for a release. I said I had heard he wasn't wearing a cast or brace and he told me he had tried to get an appointment for Monday or Tuesday but the doctor couldn't see him. He knows he was caught -and at least will be back to work this week. Of course, everyone will remember this - I'd hate to be him if he ever needs some type of favor or concession.