NeedCoffee 595 Posts
November 2006 in Vote Up0Vote Down
I did a search but couldn't find any prior threads that really addressed my issue. I could have sworn that I recently read some article stating that you cannot require an employee to seek medical treatment of any kind. Has anyone else seen this article? If so please point me towards it!
Is it legal to require an employee to produce a doctor's note if she decides to call in sick? We do not have sick leave, and our attendance policy requires a doctor's note after 3 days of being out sick...
It is not currently SOP to require doctor's notes for 1 day absences. We have counseled this EE recently on her number of absences, and suggested that if she's out sick, she should get is a note so that we may excuse her absence. When the EE called in today, she stated she didn't have money to go to the doctor...
What can I legally do? We have proof that this EE has lied when calling in recently, and I personally do not want to stand for her abusing the system any more.
So the question - can I LEGALLY require her to get a note as a condition of progressive discipline? I couldn't find any state laws governing this issue either.
Please help!!!
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8 Comments sorted by Votes Date Added
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davids 427 Posts
November 2006 PMVote Up0Vote Down
The simple answer is - yes, you can legally require a doctor's note. However, as we all know, things are never simple. If your policy specifically says you can require a note after 3 days, what is your justification for requiring this employee to provide a note after just one day? I am sure the employee's attorney would argue that it was because of her gender, age, religion, etc.
See AlsoSentara Health hiring Regional Director of Operations in Badulla District, Uva Province, Sri Lanka | LinkedInDoctor Note Translation Services ⭐️ DocTranslatordid my employee give me a fake doctor's note, reducing bias in hiring, and moreManager, Workers' Compensation - Job Details - Sentara HealthI have always worked under policies or contract language that allowed the employer to require a doctor's note after "X" number of days or "...if the employer has a good faith reason to suspect abuse of sick leave usage by the employee." This language is not fool proof and is still subject to being challenged, but I have always maintained that excessive or chronic use of leave leads to a good faith suspicion.
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LindaS 1,510 Posts
November 2006 PMVote Up0Vote Down
If you are granting her the ability to have her absence "excused" under your attendance policy should she bring in a doctor's excuse and she fails to do so, her attendance is then unexcused and whatever happens, happens.
Our attendance policy allows an EE to bring in a doctor's slip excusing them from absences twice during a calendar year. If they do not do this, they are assessed points for all days missed. If an EE misses three consecutive workdays due to absence they are required to bring in a doctor's slip allowing them to RTW. Anything more than 3 days causes FMLA paperwork to be generated. In addition, employees wanting last-minute vacation days due to illness are required to bring in a doctor's should their vacation request be denied initially due to production needs.
The above practices ensure that our attendance policy is administered consistently and EEs are fully aware of their obligations.
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Dutch2 1,590 Posts
November 2006 PMVote Up0Vote Down
We do the same as LindaS. If the ee does not supply the Physicians note we simply list their attendance as unexcused and let your attendance policy do the rest.
Good luck...
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NeedCoffee 595 Posts
November 2006 PMVote Up0Vote Down
The big problem here is that if this absence is deemed unexcused, under our absence policy this EE would be up for termination. Normally determinations of excused/unexcused absences are made by the EE's supervisor and general manager. Neither of them is willing to step up and just deem it unexcused - we're a little leery of this EE and what actions she may take if terminated. They (and I) would feel much better knowing it is legal for us to require the note then proceed from there.
I guess the hesitation about requiring the note is that we don't normally require notes - most EE's bring them in on their own, or come to work sick and wait to get sent home.
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Irie 482 Posts
November 2006 PMVote Up0Vote Down
[font size="1" color="#FF0000"]LAST EDITED ON 11-06-06 AT 01:29PM (CST)[/font][br][br]Sending sick employees home is not a good practice. If they know they can come to work sick, get sent home and suffer no consequences under your attendance policy they will continue to do this.
We never send anyone home if they are sick. If they are too sick to work and go home on their own they receive attendance points under our policy (unless they are on approved FMLA of course).
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LindaS 1,510 Posts
November 2006 PMVote Up0Vote Down
NeedCoffee -
I think you are overthinking this whole issue. If you provide the EE with the OPPORTUNITY to have her absences excused and she fails to take the appropriate action to ensure this happens, then its HER choice regarding the continuation of employment. You can not and should not get into the practice of "saving" people's jobs. That is their responsibility.
I don't know how many times I have heard "I can't believe you are firing me for this absence, I was sick". The thing they do not get is that they are not being terminated for THAT absence. They are being terminated for all the absences that got them to that point.
As for legal ramifications, the presentation of a doctor's note from an EE does not guarantee the EE any legal protection outside of FMLA/ADA. Just because this EE was ill does NOT mean that you can not or should not terminate her. Now, what you CAN do is offer the EE the potential of FMLA protection provided both you and her meet the qualifications but if she refuses to have the appropriate paperwork completed, follow your policy. The statement that she cannot afford to go to the doctor does not give her any special rights.
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Paul in Cannon Beach 4,703 Posts
November 2006 PMVote Up0Vote Down
Nobody here is saying that absences of one day require a doctor's note, are they?
Here on the coast we are having a doctor shortage. If you call in, your next appointment might be 1-3 weeks away.
What would you expect an ee to do in a situation like that?
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NeedCoffee 595 Posts
November 2006 PMVote Up0Vote Down
Update:
The EE has now claimed FMLA protection. The kicker? She qualifies.
Today, right this minute, I hate my job.
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