SICK??? Quick Response Please
njjel
1,235 Posts
Ee calls out sick 5 days in a row. she is placed on fmla leave. brings in doctor's note when she returns that just says "patient may return to work 3/18/04" No diagnosis is given. She does not return her FMLA certification of health because she claims it wasn't a serious illness it was the flu. Her supervisor was told that she was having some internal problems and was being treated by a women's health center (which is where the note is from). Two questions here 1) May I ask her for a diagnosis from the docotor? 2) May I still demand the certification of health?
Comments
Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either:
any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or
Continuing treatment by a health care provider which includes any period of incapacity (i.e., inability to work, attend school or perform other regular daily activities) due to:
(1) A health condition (including treatment therefor, or recovery therefrom) lasting more than three consecutive days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:
treatment two or more times by or under the supervision of a health care provider; or
one treatment by a health care provider with a continuing regimen of treatment; or
Now that I have relieved you of this worrisome though and cut your work load, you may also have a Blessed day!!!
PORK
If the doctor completes the form and hands it to the employee, there is no HIPAA violation, and if the employee hands it to me, same story. An alternate solution is to have the employee provide the doctor with written authorization to release the completed form to me.
In my mind, there is a difference between a sick employee who is unable to work, and an employee who stretches a bout with the flu into a 5-day absence.
Some people like to keep their health information private and yes that sometimes includes HR. Let her choose to classify her absences if she doen't want to provide the information.
She has no idea she is going to be fired and your "tricking" her to give up her FMLA rights (she said it wasn't FMLA), only to lay the hammer when she has no out. That looks like the big, bad company abusing the poor ee to a jury. I would be surprised if that would even make it out of your grievance procedure.
She is going to cry FMLA once you term her. If you deny it you better be 100% sure you've followed that script to the letter, or you could be in trouble.
I would follow your attendance policy and tell her she is going to be termed and give her the option to fill FMLA papers. That is the safest route. I can see the supervisor scheming in the background on this one. I would not allow it.
Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)
>this case, the ee is stating that the absence
>was not FMLA qualifying as she had the flu (but
>was seen by a doctor).
Is this ee an expert on FMLA? No, she's not. But if you fire her she will become an expert. Your safest route is to tell her if her absences are not excused, she will be suspended pending termination, or whatever your policy is. Then offer her FMLA papers and once you get them back you have the choice to accept them or not. Any other way, I believe you are playing with fire. I hope you don't get burned. Good luck.