Alternative Medicine

ljohnson

We have an employee who was injured in a car accident. She does not believe in doctors, and has been utilizing alternative medicine. She is limited to four hours per day, and was referred to a neurosurgeon. The neurosurgeon recommended surgery, which she refused. Because she is exempt, we have been paying her for full days, however, she is only able to complete part of her work, and we don’t have additional funds in her budget to hire someone else. Additionally, a good portion of her duties include out-of-state travel, which she is unable to do.

I know that we cannot force her to see a doctor or to undergo a specific medical treatment, but the work isn’t getting done. Any suggestions on how to proceed?

Pearce

If your company is covered by FMLA and the employee is eligible for an FMLA leave you should have designated her intermittent absences as such and begun that clock ticking. This would limit the amount of time the company is obligated to protect her position. An exempt employee may be docked for hours not worked while out on FMLA leave without jeopardizing the employee's exempt status.

ljohnson

I forgot to mention that we are NOT covered by FMLA. Thanks, though.

Don D

She doesn't believe in doctors, but one has restricted her to four hour days and another has recommended surgery. I find that puzzling.

She is not FMLA protected and If she is not available to do her job on a satisfactory basis (full time) and cannot perform some of the essential functions, i.e. travel, she is therefore not ADA protected either. The reasonable approach seems to me to be termination. She sadly won't be eligible for unemployment insurance either in most states as she is not medically released to return to work and therefore not 'able and available'.