Depression and Sick Leave

FJN

An employee has presented us with an open ended excuse for time off due
to depression. We didn't know they suffered from depression, so this
has taken us by surprise. At this point, no one has raisee the flag of
"disability." Instead, this is just a doctor stating the employee is
being treated for depression and can't work until further notice.
What are my rights and what should I do? Technically under our policy,
we can deny sick leave but with an excuse, I don't believe I can.

Theresa Gegen TX

You should probably start the FMLA process if it applies to your company. Get the employee to get a certification from their doctor.

I would not treat depression any differently than any other illness.

Good luck!

Down_the_Middle

While I agree with Theresa, I might also consider obtaining a 2nd opinion to confirm not only the diagnosis, but the seriousness of the situation. Many people suffer from depression that varies from having "blue days" to incapacity. I'd want to determine that this person meets the same definition of serious medical condition that you require of all other requests for FMLA.

Don D

We didn't know they suffered from depression, so this
>has taken us by surprise.


I don't know how big your company is, but let's say you have 100 people working there. This may come as a surprise, but you don't know who the other 6 are who suffer from depression either.

Theresa Gegen TX

If you decide you need a second opinion, you need to look at the FMLA regulations. They state specifically when an employer can get a second opinion, how you go about getting one, who can give it, who pays the cost, and what happens when the first and second opinions conflict.

Good Luck!

ConfusedHRinTN

As someone who suffers from depression, I can tell you that some days it comes on from nowhere and can last for ten minutes or it can last for a week. Is this person taking medication or seeking medical attention in the form of counseling? If he or she has just received a new medication, it can take a month or more to see if the medication is working. If it doesn't, then you have to start the process over with a new medication. It can be a very frustrating process. But, usually this does not mean that the person has to sit at home waiting for the medication to kick in. Additionally, depression is usally accompanied with other diseases, such as panic disorder and obsessive compulsive disorder.

Whatever you do, do not minimize this disease to your employee or other employees in your office. Mental illness comes with enough stigma attached to it already and many people who are afraid of being labeled will not step forward and admit that they may have a problem.

Good luck. I know whatever you do, you will take the right steps for the employee and the company.

Don D

I salute the bravery, willingness and guts it took to come forward with that post. a handfull of gold stars to you! Good luck.