Doctor's report

jeanj

We have an ee who is saying he hurt his arm and his leg away from work but is having trouble coming to work because of the injuries.
He has arranged to have a doctor's ok that he should be off work for 1 week. This note was signed by the nurse, not the doc. Anyway what I need to know is can we get in touch with the doc directly to find out what this ee is capable of doing workwise. I know the confidentiality issue but what can we do. Any suggestions?

LivindonSouth

No, you cannot. You could try but the doctor, if you ever even got to him, would know better than to discuss his patient's condition with an employer. What I would do in this case is tell the employee they cannot return to work without a full fitness for duty report from a physician, not a note from a nurse. Of course you may be giving the employee exactly what he wants, that's the best way to protect the company. Thinking proactively, I would mail the employee a registered letter, containing a complete job description, telling him to provide it to his physician for review and requiring a 'fitness for duty report' prior to trying to return to work.

I would also tell him that his absence is not excused, is not covered by any act granting protected medical absence to the employee and that his employment will be terminated in accordance with your standard practice, in accordance with your attendance policy.

No phone instructions, no leaving phone messages, no sending word by a co-worker, no speaking with a family member....nothing, absolutely nothing that cannot be supported by a copy of the registered letter of instruction.

An office nurse, unless she is a certified nurse practitioner, typically has no authority to see patients and take them off work for a week. I smell a rat in the woodpile.

deniseE

We ran into this a year or so ago...but rather than an injury it was just a "sick note"...we terminated the ee for falsifying/misrepresenting the note because it was signed by the front desk staff rather than the dr.

we lost the UC case because the dr's office stated that the dr. does not have time to sign each and every note and that his/her staff is authorized to sign at his/her direction, as was indicated in this patient's file....the referee ordered that it was an acceptable dr's note.

I've even noticed this with my doctor's offices, they use signature stamps/office staff.....whatever works best for them.

TN HR

[font size="1" color="#FF0000"]LAST EDITED ON 08-03-05 AT 02:44PM (CST)[/font][br][br]Whoa Nelly! Would either of you wish to go back and re-consider your posts?

Don, are you suggesting this employee be summarily dismissed without the benefit of exploring FMLA
and/or a reasonable accomodation under the ADA?

Denise, are you suggesting employees who have notes signed by their doctor's authorized representative (in this case the front desk person) are not legitimate? Darn right you lost the UI, as you should have. Did it ever occur to you that perhaps the doctor simply dictated the note to his front office assistant and he has delegated to her the task of signing?

C'mon guys!

HRLASS

Good call, Tennessee! I would send him FMLA paperwork and a job description by registered mail with a cover letter saying it needs to be completed and he will need a return to work physician approval. Re the dr's/nurse's note - as you said.....

LivindonSouth

The employee does not qualify for FMLA as he has only been employed there for nine months. I know these things.

And don't call me Nellie. That's supposed to be a secret!

deniseE

what I thought personally was different than our professional position!! The ee had a history of "adjusting" medical excuses and we believed this to be the case again....

But you're right...it was a correct decision based upon the evidence presented.

I mentioned it because some employers are sticklers for a DR's signature...and some practices will not always provide that...and as employers we need to be aware...