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we have a staff who brought in a doctors note date 11/25 putting him out till 12/8/09. The staff apparently has a stomach infection and is taking medicine that makes him sleepy. however the staff cam
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FMLA
posted at 12/4/2009 8:00 AM EST
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Posts: 15
First: 9/2/2009 Last: 12/16/2009 |
we have a staff who brought in a doctors note date 11/25 putting him out till 12/8/09. The staff apparently has a stomach infection and is taking medicine that makes him sleepy. however the staff came to work on 11/30 and 12/1 and provided the note on 12/1 saying that the medication was making him fall aslseep at work and while he thought he could keep working despite the dr note, he couldnt. Is this side effect issue covered by FMLA. the staff was technically supposed to be out for 6 work days....much appreciate your advise. |
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FMLA
posted at 12/4/2009 9:01 AM EST
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Posts: 79
First: 12/20/2004 Last: 2/17/2011 |
I'm confused by your post. If the employee was out from 11/25 and returned on 11/30 how many of those days were they supposed to work as there was at least one Holiday (if your in the US) and the weekend in that time. The second question is if the note stated they could not return until 12/8 why were they allowed to work. Give the employee the FMLA paperwork to have the doctor fill out and work from there |
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FMLA
posted at 12/4/2009 9:04 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
If he has a doctor's note saying he should be out from work, it's really not prudent to let him come back unless you have an updated doctor's release saying it's OK. The potential liability risk for you is significant.
If he's out on FMLA, he needs to stay out until the doctor releases him. Not sure exactly what your FMLA question is, but since the stomach infection requires a doctors care I'd say thats reason enough for FMLA without getting into any drug side effect issues. |
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FMLA
posted at 12/4/2009 9:37 AM EST
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Posts: 15
First: 9/2/2009 Last: 12/16/2009 |
thank you for your posts and my bad for the confusion:( the staff was actually allowed to work on those days (11/30 and 12/1) because we didnot know of his situaton at all until he provided the dr note on 12/1. wat i really wanted to know was if his condition would suffice for FMLA....thank you again. |
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