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Can I ask for more information on a Dr.'s excuse?
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Can I ask for more information on a Dr.'s excuse?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have an employee who left on a Tuesday and on Thursday emailed me a Dr.'s note that stated "No Work 11/10/09 to 11/13/09" and nothing else. Is this acceptable? Am I allowed to ask for additional inf
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Forums » Topic Forums » Legal Forum » Can I ask for more information on a Dr.'s excuse?
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Can I ask for more information on a Dr.'s excuse?
posted at 11/23/2009 8:13 AM EST
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Posts: 51
First: 10/14/1999 Last: 11/23/2009 |
I have an employee who left on a Tuesday and on Thursday emailed me a Dr.'s note that stated "No Work 11/10/09 to 11/13/09" and nothing else. Is this acceptable? Am I allowed to ask for additional information on why this employee could not work for almost a week? I have researched this on the web, but cannot find an answer. Anybody have any experience with this? Thanks in advance! |
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Can I ask for more information on a Dr.'s excuse?
posted at 11/23/2009 8:48 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Emailed a Dr's note?
If it's a duly licensed physician, I wouldn't poke too hard at this. There are lots of potential privacy issues involved here. But I would certainly ask for the original note signed by the physician. |
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Can I ask for more information on a Dr.'s excuse?
posted at 11/23/2009 10:50 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Both FMLA and ADA allow for the employer to have the medical doctor certify the need for leave or accommodations. More information is needed to see if it is a "serious medical condition" under FMLA or a "disability" under ADA.
I don't see any issues with asking the employee to provide more information or for sending information requests consistent with FMLA or ADA. I have found FMLA forms at the DOL and there are some companies that have ADA forms posted on their HR websites. Those are the two laws that you should be most concerned with on a federal level. Your state however may have their own leave laws that you need to consider. So yes, you can request more information but I would do so through the employee rather than contacting the dr directly. Plus most medical personnel won't speak to you due to HIPAA unless the employee has signed a release. But FMLA and ADA do not fall under HIPAA. |
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Can I ask for more information on a Dr.'s excuse?
posted at 11/23/2009 12:32 PM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Although rrupert is correct, I'm not sure that a 3 day excuse rises to the level of a disability or serious medical condition.
You might want to chat with the employee when she or he gets back and simply ask if the excuse was for an ongoing condition that may require further absences per a doctor's instructions. |
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Can I ask for more information on a Dr.'s excuse?
posted at 11/24/2009 3:40 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Well, it is the employer's responsibility under FMLA to request more information on any three day absence...
"A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: (a) Incapacity and treatment. A period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition..." from http://www.dol.gov/dol/allcfr/Title_29/Part_825/29CFR825.115.htm and " (b) Eligibility notice. (1) When an employee requests FMLA leave, or when the employer acquires knowledge that an employee's leave may be for an FMLA-qualifying reason, the employer must notify the employee of the employee's eligibility to take FMLA leave within five business days, absent extenuating circumstances. See Sec. 825.110 for definition of an eligible employee...." from http://www.dol.gov/dol/allcfr/Title_29/Part_825/29CFR825.300.htm In this case, the employer was notified that the employee was out for 3 days under medical/doctor's care. It may or may not be FMLA eligible, but the employer won't know until they provide the paperwork required under FMLA. If the don't do so and discipline this employee for these absences when then should have been covered under FMLA, they could get into a lot of legal trouble. FMLA legal challenges rarely seem to go the employer's way because the law has placed the burden of proof/responsibility onto the employer. So we go with the premise that it is better to be safe and provide too much paperwork than be sorry for assuming that none is needed. |
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Can I ask for more information on a Dr.'s excuse?
posted at 2/25/2010 4:37 AM EST
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Posts: 2
First: 10/19/2004 Last: 2/25/2010 |
FMLA aside, does your company have your own return to work/fitness for duty form? If so, and if it has been consistently used, why not require the employee to have it completed by the doc before you will approve the time off? We have had EEs bring in notes on Rx pads and we won't accept them. Our form asks the info we need to make informed decisions. |
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Can I ask for more information on a Dr.'s excuse?
posted at 2/25/2010 6:11 AM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
You are allowed to ask and you are allowed to use adverse administrative action if the employee does not comply. Don't let them tell you that HIPPA won't allow this as the employee can give consent. It doesn't apply to you as the employer unless you are the care giver (provider).
Three days is considered the threshold for FMLA and most other absences that employers want documentation over. Your request is not unreasonable. As long as you protect the employees privacy internally, meaning you only allow those with a business need to know to have factual knowledge of the matter, you have done your best to mitigate any risk or exposure. |
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Can I ask for more information on a Dr.'s excuse?
posted at 4/25/2010 1:05 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Kristen,
Most dr's offices will not verify a note to an unknown "employer" on the phone. Most will require the patient to have signed a HIPAA authorization to allow it. You will be lucky if you can even find someone at the office willing to talk to you. If you have to leave a message, I have found that rarely will they call you back. Instead put the onus back on the employee to have FMLA or ADA paperwork filled out by the physician -- both of which the employer has the right to require. |
Forums » Topic Forums » Legal Forum » Can I ask for more information on a Dr.'s excuse?
