Employee discomfort Question.
Hey everyone, I’ve come across a peculiar situation. An employee was working this past Saturday and felt slight discomfort during her shift. She didn’t say what she felt discomfort from. The next day, she calls her supervisor and coworker and says she is going to urgent care. She mentions that she had a C-section done a while ago. Urgent care writes a note saying that she is good to come back to work later this week. The site manager doesn’t want her to come back to work unless she gets a note from her primary care physician. So, after speaking with my manager it appears that this is not a recordable injury because it is not work related. But, wouldn’t we have to wait for a response from the employee’s primary care physician? Can her employer actually tell her not to come to work if she does not get a doctor’s note? I am very confused on this one. Thanks.
Comments (11)
Breaking down the questions:
1) osha recordable?
No. If she later recieves medical treatment it might become muddier but still arguable that its not recordable.
2) can employer require a doctors note
Yes. Just ensure the practice is uniformly applied across the entire company. Asking for it here but then failing to ask in similar circumstances is where it would get iffy. So the company would be better of with a standard written policy to ensure consistency. Additionally make sure that they are just requesting a yes/no from the doctor. Any specific medical info could run into ADA implications.
Definitely want to make sure HR risk management are in the conversation. Its likely to be no big deal but having spent 2 yearl in NYC.... you never know.
How does the manager know it is not work related? I would interview the employee, and possibly a direct supervisor, to ascertain if any of her work functions/activities could have brought this about. Explain to her that your questions aren't about assigning blame, but that you are required to legally classify her injury. But I agree, take care of the employee first while documenting everything in a confidential file. My 2 cents.
Without saying what the discomfort is from, and she did not say anything until the following day, it is hard to rule this as work related. A doctor's note is beneficial for making sure your employee is 100% medically cleared to return back to work. I have been involved in similar cases in the past. This is one of those times that as a safety professional, we have to look out for the well-being of the employee while protecting the company at the same time. Never easy!