Several issues to this ?

HCCADC

(this is long--sorry!)I have an ee who has given us a dr slip stating that he can only perform light duty. (He is in maintenance which requires alot of lifing) I sent him home so that I could talk to the Executive Director about 'light duty' positions. After talking to her, we came to the conclusion that we need the doctor to tell us what is considered 'light duty'. I also gave the ee an application for FML in case he is unable to perform any duties.
My questions are:
1. He is stating that he does not think the doctor will fill out the certification. He also does not feel that the dr will look at the job description to tell us what he can and cannot do. I explained to him that the dr's are used to this and will fill it out. I explained that he has 15 days to return the forms to me otherwise it will be job abandonment. Is this correct?
2. He owes us 39.00 for a cell phone bill and we would like to deduct this off of his next check, is this ok since we did not have him sign a paper giving us permission to deduct his pay?
3. He wants to sign up for unemployment. I explained to him that he is not available for work, which is a criteria of UC. He states that b/c we sent him home, we do not have work available. I explained to him that I am not sure if we have work available b/c I do not know what his dr considers light duty.

I would really like clarification of all of this, I guess that is why I am posting. Was this the best way to handle this situation and what do you recommend for the future if he does not return the dr certification?
Thanks for your comments.

LindaS

First of all, without SPECIFIC guidelines regarding what the EE can and/or cannot do I would not permit him to work. I would simply inform him that you are in need of specific information and, in the absence of that, are not permitting him to do ANY work. "Light Duty" is a very subjective term.

Regarding FMLA, I would conditionally designate his time off as FMLA pending the receipt of the paperwork. He has the 15 days to get it completed and arguing with him regarding whether or not the doc. will complete it is a waste of time. If he fails to get it in, he loses the designation and possibly his job.

Regarding the cell phone bill, do NOT deduct anything without his signed authorization.

Regarding UI, he may very well be able to collect. In WI, if an EE is off work due to medical restrictions the UI office asks for the restrictions and then looks at similar industries in the area to determine whether or not they would have work for the EE (don't know where they get THIS information but anyway...). If they determine that a certain percentage (I think it's 40%) would have work and we don't, they are awarded benefits. Not sure exactly how PA works but it sounds like it may be something along those lines.

Hope this helps.

Don D

I pretty much agree, except that in this state if the employee is off work or unable to work due to a medical condition, he is not qualified to draw. I wouldn't mix the deduction issue with this one. You can deduct it and never hear from it again, or you can deduct it and possibly have it considered illegal and harassment by some venue hearing officer.

Finally, I would not allow him to work. The doctor is using a totally politically incorrect and passe' term with 'light duty'. That's meaningless. You must limit it to 'restricted duty' with the doctor stating what the restrictions are. Obviously that will result in your clearly understanding what the NON-restricted activities are. The monkey is on his back and that of his physician. Either they get that paperwork submitted to you or he should not return to work. To return him without clear knowledge of what is restricted and what is not is to move forward on a dangerous and litigous path.

HCCADC

Thank you Don and Linda. I really needed clarification that I did the correct thing. I don't think he will be eligible for UC in PA either b/c you have to be available for work. We potentially could have work available if we know what his 'light duty' restrictions are. I feel better hearing it from other professionals!

deniseE

One of the ways that you can get a Dr. to nail down specifics is to provide a copy of the job description...the Dr. can then determine what is OK and what is not...and you're not trying to decipher what might mean light duty....

Don D

If you get information from the UC/UI people indicating he has filed or either that he is approved to draw, I would contest or appeal, whichever is appropriate, stating that work IS available but you have not been provided with information from the employee/claimant as to what specifically his restrictions are. And, that until you do receive that information in sufficient detail, it is the position of your company that he remains medically unavailable to work.

In fact, it would be a good idea to provide that requirement to the employee in writing. Then, when your UI paperwork comes, if it does, you can fax or mail a copy of your letter to them for their decision.

HCCADC

Thanks Denise and Don. I actually did write the employee a letter for FML and included the job description and a request for the doctor to review his Job Description as well as fill out the certification. I put in the letter that I needed to know what the dr considered light duty. I am planning on appealing the UC and will include the info that you wrote Don.