Personal Questions
amwkim
72 Posts
I have a manager who is requiring an employee to give him their doctor's name and phone number when they leave early for an appointment and gets angry when they won't. I am trying to educate the manager. Any suggestions?
Comments
(One End) I don't really like to discuss my confidential medical appointments with others and I don't wish to share that information with the company.
(Other End) That's none of your business.
I think though, if I were 'educating' the manager, I would simply ask, "Why would you get angry over not having information to which you aren't entitled?" This is an excellent subject for your annual refresher training for your supervisory group, if you have such training. Managers and supervisors can deal really well with the do's and don'ts of meducal situations. Prepare a simple laundry list of what they can and can't have or know and what their responsibility is and what belongs with H.R. They will probably welcome the fact that they don't need to be involved. With a few exceptions who will retire before too long.
Additionally, one route you might consider is Intermittent FMLA. I'm not sure if it applies in your situation or not. Have the employee complete the forms and return them to HR. You could then relay to the Manager the absence has been approved- and keep him from seeing the information.
In the end what difference does it make what the doctors name or phone number is. If there is an attendance policy being violated, the manager should address that, not request info to validate an absence.
>this information. If the manager ever takes an
>adverse employment action (ie., termination
>demotion, etc. ) the employee can claim that it
>was because he/she had a disability or was
>perceived to have a disability and file a charge
>of discrimination. The manager could easily
>determine what the condition was based on the
>type of Doctor (ie., pyschiatrist, oncologist,
>neurologist).
Unless you think the employee is lying about the dr. appt, I wouldn't risk the company getting sued as in NM_Tom's scenario. But if that doesn't impress the manager, you should show him/her the article "Washington supervisors, beware! You can be sued individually under state law." x:o It scared me a little, and I don't even live in Washington.
If you subscribe to Washington Employment Law Letter, you can find it in the May 2001 issue in the Subscribers Area of this website:
[url]http://www.HRhero.com/lc/[/url]
Good luck.
James Sokolowski
HRhero.com
Seriously, though. What is your policy? Do you require dr's appts. to be verified by a release or a note from the physician or his office staff? Is this an isolated circumstance, perhaps involving an employee with a history of abusing appointment privileges? Or is this supervisor demanding that information from all employees who have medical appointments?
I think I would tell the manager that if he wants the employee to bring in a note saying that he had been seen by Dr. Jones on this date, that's as far as he should go but that requiring the name and phone number of the physician up front is unduly intrusive and unnecessary. It could also affect the morale of the employee who is probably made to feel like a child asking for a hall pass to go to the restroom.
After all, what is the manager going to do with the name and phone number? Call the doctor's office? And ask what? Chances are the staff isn't going to give him the time of day.
I reiterate the point made in my opening sentence: Tell the manager to get a life.
If you do not currently have a policy requiring ee's to bring in a slip proving that they've been seen and are thinking of writing one...remember to be specific and aware of doctor's policies. Our policy required an original signature...we've discovered that in this day of color printers, it's just much easier for offices to print them off rather than sign every single one. Other offices have receptionists or RN's sign the slip.
Whatever you decide, make sure that the policy is realistic and easy to enforce, or you will be hiring someone whose sole job is to follow up on this mess!!
They write on their prescription pad and they state "Employee was seen today by me", if for worker's comp they add that in the note.
Honestly, in my research, and God knows, I'm not an attorney, I can't see anything that specifically states you can't ask for the doctor's name and phone number. In fact, within the context of the Washington State Human Rights Commission, if an employee's work performance shows signs of deterioration, it's okay for supervisors to ask, among other factors, if it's medically related. Even in a HIPPA situation, I can't see how asking for the doctor's name & phone number if someone has an appointment goes counter to the rules - especially since the ee already came forward and asked for the time off to visit the doctor.
This being said, I can't for the life of me think of a valid business reason, other than a doctor's note after the fact for an illness, ADA, FMLA, or Worker Comp. situation that would come close to necessitate the supervisors need to know this information. I mean, what is the supervisor going to do with the information? Call the doc. and see if the ee showed up - the doc's not going to answer that question. Also, just knowing the doc's name could be a violation of the ee's privacy rights - as some doc's specialize & the giving out of their name could indicate the ee's medical problem/condition. I can only think this supervisor asks this information as a form of intimidation - malicious or not - but not from a bonafide business perspective - what's the point of the question - will it make business better, will it improve morale & ee relations - what's the positive by asking this question that the supervisor is hoping to attain?
In my opinion, it's a bad business practice with potential liability/risk to your company - if you can't convince the supervisor - go to his boss & tell him/her it's bad business.
That is how I took the questioning also.