Did NOT Return to Work

HR rosie

A new employee (9 weeks on the job) was injured on the job (neck bruised when struck with a board). Doctor released EE to full duty on the date of injury. EE reported off the next day (a Friday) worked Monday and returned to Dr on Tuesday complaining of pain. Dr. indicated he could not find anything in his exam that supported EE's symptoms; however, referred to a PT for evaluation. PT recomended moist heat and a home exercise program. EE was released to light duty.

EE called off the first two days with the flu, missed doctors' appointment scheduled for day three due to an "emergency"; rescheduled appt for the following day; missed that appt due to "death in the family". When EE called to cancel appt #2, told nurse he felt fine and would call if he needed to see the doctor again [documented in paperwork sent by doctor's office].

EE has failed to report to work or call off {now at 8 working days}. In the meantime, Workers Comp carrier has denied the claim.

I say - terminate due to job abandonment.

Manager - afraid to terminate because we don't have a release to FULL duty from the doctor.

Am I wrong????

LindaS

I would follow your policies regarding job adandonment. He was released to work, has not reported for work and has not provided any reason for not reporting. If your policy calls for termination, terminate. His WC issue has no impact here.

HRinFL

I agree, follow your policy for attendance and tell the manager it is okay to make employment decisions based on the ee's actions. You are not making the decision because the ee had a work place injury. Take away the injury and light duty status - if you have termed ees for being a no call/no show in the past, you can show the decision is consistent. We give three days before an ee is released for job abandonment.

BTW, see if you can get a statement from the nurse that the ee said he was fine, or if this is in the file from the Dr. office. You should not have any HIPPA concerns since it was related to a W/C case. Could help when you get the UI claim.

Also, the W/C claim should have been denied because the ee was not following the prescribed treatment plan. If the ee misses appointments, then the claim can be denied.