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Questioning the validity of a doctor's note
Benefits & Compensation
Questioning the validity of a doctor's note
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
I have an employee who has developed a pattern of requesting time off one day before. If they are denied the time off due to staffing issues, the employee then calls in sick and produces a doctor's no
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Forums » Topic Forums » Benefits & Compensation » Questioning the validity of a doctor's note
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Questioning the validity of a doctor's note
posted at 1/12/2009 1:59 PM EST
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Posts: 3
First: 1/12/2009 Last: 1/15/2009 |
I have an employee who has developed a pattern of requesting time off one day before. If they are denied the time off due to staffing issues, the employee then calls in sick and produces a doctor's note. Is there anything we can do to avoid this or at least let her know we are on to her pattern yet not break any hippa laws? |
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Questioning the validity of a doctor's note
posted at 1/13/2009 4:01 AM EST
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Posts: 1047
First: 4/11/2002 Last: 9/14/2011 |
This sounds like more of a performance issue than a hipaa one. Just because someone produces a doctor's note doesn't mean that the absence should be deemed ok, especially under the suspicions you presented. If this employee doesn't seem to care about your company at times when you have staffing issues, what else doesn't he or she care about? |
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Questioning the validity of a doctor's note
posted at 1/13/2009 6:09 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
While I agree with MRoberts, you still have to be careful of FMLA and ADA.
If both the employer and employee are eligible under FMLA, you can require the employee to have the doctor fill out certification forms for intermittent leave (assuming this is a serious health condition as defined: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.114.htm "Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:.....Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.") And here are the regulations on the certifications the employer can ask for: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.305.htm |
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Questioning the validity of a doctor's note
posted at 2/18/2009 8:01 AM EST
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Posts: 3
First: 10/22/2007 Last: 2/18/2009 |
Have you contacted the doctor to verify the note? Oftentimes a doctor's office will supply a note because it is easier than dealing with the patient. If they know the employer will follow up they may be less likely to enable the patient.
Theoretically, a doctor shouldn't supply a note unless they have examined the patient. |
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Questioning the validity of a doctor's note
posted at 2/18/2009 8:51 AM EST
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Posts: 30
First: 1/29/2009 Last: 11/24/2009 |
I would definately look into whether or not this individual could possibly be covered by either ADA or FMLA. Have they been employed long enough to be eligible for FMLA? If so I would offer them the paperwork to take to the doctor, this way if they do not return them then you can follow company policy on absenteeism. Is asking to be off due to a disability that the individual has? Is asking off a reasonable accomodation for the individual with a disablity?
Do you have company policy regarding attendance? If not, now may be the time to implement one. This way if the employee is not covered by FMLA or ADA you will have "all your ducks in a row" if you decide to terminate. On a side note, you can call to see if the doctor's excuse is valid but they do not have to tell you whether or not the employee was seen. Alot of times the employee may know someone in the office that gives doctor's excuses out. Usually if they put their initials beside the doctor name, you will be transferred to that person. Which is really useless because they probably just wrote the excuse out as a "favor". |
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