Not a family leave situation

jeanj

Our ee was injured outside of the company and his job. We are not big enough to worry about family leave at this point. Can I require this employee to have his doctor let us know what his limitations for work are? I wrote last week but wasn't clear about the fmla thing. Anyway, he is saying he won't bring in a note, or he doesn't feel like he has to do what we're asking him. Bureau of Labor says to be careful about ada issues, but that doesn't apply either. Please help if you can.
Thanks

deniseE

Do you have any internal attendance policies in place that would cover his inability to work/show up?

How have you handled disabilities in the past? You'll need to be consistant.

Typically, you can always seek a "fitness for duty" certification, if not from his dr. then yours...but you'll pay the medical bill for it.

TN HR

AHA! Being exempt from the FMLA "thing" and the ADA changes the dynamics significantly! If the EE chooses not to comply with your directive then terminate him. Good riddance!

Good luck!

Gene

marc

I am a bit curious about the EEs attitude that he does not have to do this. With some gentle questioning, perhaps you would find he has some misconceptions about HIPAA or some other privacy type question.

Simply clarify that this is a Fitness for duty evaluation related to his injury. Give him a copy of his job description for him to give to the Dr. to review in connection with your request. Explain that the Dr. is simply to indicate if there are parts of the job description that cannot be done and for how long.

I don't think you have to pay for this.

Suspend him from work without pay for a specified period of time - he either returns with the Dr.s note specifiying any limitations or no limitations - or he is terminated.

He is right, he does not have to do this, he can resign.

LivindonSouth

Whether you are or are not covered by the ADA and FMLA, an employer is always at liberty to require a fitness for duty report from the employee's physician. You do not have a right to inquire about the nature of the illness or injury or the specifics of the employee's medical history. The employee who will not comply with that request can be terminated, period. Usually it's done by simply requiring a 'doctor's release to return to work'. If he has that, you really don't have any reason to be further concerned.

jeanj

Thank you for all your input. I gave the ee a form and it is to be returned today. I feel better knowing I'm not stepping onto some regulation I wasn't aware of concerning this subject.
Thanks again to everyone