Pay EE for Second Opinion?

System

An employee is regularly scheduled to work 12-hour shifts. She has missed several days in a row for her illness and is applying for FML. Her physician provided a note with the restriction that she can only work 8-hour shifts. This makes no sense to me. Why not 7 hours or why not 9? I sent the employee for a second opinion (on her day off) asking for specific restrictions.

The EE has submitted 4 hours of overtime on her time sheet. I deducted the time and notified her supervisor that we will pay for the visit and her travel expenses. I looked in the Wage & Hour laws and in FMLA and could not find this specific scenario. She'll definitely NOT get overtime. Would you pay her for the visit?

Don D

I would not pay her for the time and would have to really think about paying for travel expenses. Where in the world did you send her?

I always encourage employees to schedule doctor visits during non-working hours and would not pay somebody an hourly rate for going to the doctor.

I probably would have just denied the FMLA if there was nothing to substantiate or convince you her work hours needed to be shortened. This is probably just one of those frequent situations where your employee told her doctor, "Hey, write me a note and tell that woman I can't work but eight hours a day."

I don't know Maryland law, but typically FMLA does not have an 'accommodation feature' and it would be unusual that the doctor would recommend four hours intermittent leave every day. Sounds fishy, but you are close to a lot of water.

pork1

S Moll: I, too, would pay her for the time spent in the physician's office on company business. It would only be at a regular rate of pay and not as overtime, there was no work accomplished by the ee on behalf of the company. Her body and mind were used by the company for our special reason.

Now, how is this person applying for FMLA without a physician's certification rather than a note? The physician must be able to support his restriction for some reason without which you would consider this application as NOT APPROVED.

Then put her on written notice that she is in violation of company attendance policy and begin to document her lack of participation. If she does not like it send her on her way and find someone who is agreeable to work the 12 hour shifts.

PORK