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Employee is out of sick time but is not released back to work by the doctor
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Employee is out of sick time but is not released back to work by the doctor
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
I work for a small company (10 employees) so we do not follow the FMLA rules. I have an employee that is sick and has told us she will return to work before her doctor has released her because she is
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Employee is out of sick time but is not released back to work by the doctor
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Employee is out of sick time but is not released back to work by the doctor
posted at 9/23/2009 10:01 AM EDT
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Posts: 2
First: 9/23/2009 Last: 9/24/2009 |
I work for a small company (10 employees) so we do not follow the FMLA rules. I have an employee that is sick and has told us she will return to work before her doctor has released her because she is out of sick time on the books and cannot afford to take time off without pay. I know my manager will allow this - she has in the past. I am concerned about liability issues for our company. How do I address my concerns with my manager? |
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Employee is out of sick time but is not released back to work by the doctor
posted at 9/23/2009 10:55 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
If you have an attorney who is on retainer with the company I'd certainly bring her or him into the discussion. There is enormous potential liability in bringing in an employee not yet released by a physician - if the condition gets worse, you can be on the hook for a lot of money.
If your ownership is so concerned about its employees, perhaps you should research and recommend an STD policy. It's typically quite cheap and you can head off a lot of these issues. Or you can simply propose that the company pick up 2/3rds of the employees salary and pay it (the amount is similar to what most WC and LTD/STD policies provide) but keep in mind that you'll be setting [another] precedent. But the employee should not be allowed to work without a doctor's release. |
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Employee is out of sick time but is not released back to work by the doctor
posted at 9/24/2009 6:44 AM EDT
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Posts: 198
First: 5/6/2006 Last: 8/29/2011 |
I agree with Nork. STD or a "paid leave" policy should be put in place if you want to avoid this. Even if those who make these decisions don't agree, I would put a policy in place that not only required a physicians note for a sick leave, but to require an "return to work" note as well. |
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Employee is out of sick time but is not released back to work by the doctor
posted at 9/24/2009 7:08 AM EDT
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Posts: 2
First: 9/23/2009 Last: 9/24/2009 |
Thanks to both of you for your input. We do have a policy for sick leave, but it states "may require a note, etc" very vague. Something I am definately going to further define. At least now I have something to go by other than just my "gut" feeling. |
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Employee is out of sick time but is not released back to work by the doctor
posted at 9/24/2009 7:23 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
I agree with the others. Allowing a sick or injured employee to return to work before they are released by their Physician could turn a relatively minor issue into a Workers Compensation issue. Obviously that is not a good thing. |
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