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Requiring Medical Evidence: What's Acceptable? (Part I)
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Uh oh
EPA
Fri Dec 15, 2006 8:27 AM
Post Reply
You used the words "common sense helps".
This article would be good if there was some sort of consistent application of leave rules. Some supervisors harass (yes, harass) employees about it and some are so lax their employees take a week's worth of sick leave for vacation. Until this is corrected, the unions are right to ask for employee protections.
Re: Uh oh
USDOL/OFCCP
Mon Dec 18, 2006 10:22 AM
sick leave
DOD
Fri Dec 15, 2006 10:14 AM
Post Reply
Once again, while I must agree in principle for the need to verify leave use/abuse, I see the reality happening much differently.
The only times I have been asked to document has been by otherwise inept supervisors, one was retaliating for a run-in he had with legal after giving me direct orders to make an unlawful purchase. The other was annoyed when I was 7 mos pregnant and declined to take a 2-day every 2 week shift change that had me up late one night and up early the next morning, I just couldn't do it. She refused to let me substitute with someone who loved that shift and was unhappy to be leaving it. Same supervisor tried to make an issue when I was receiving treatment the next year that made me nauseated and otherwise ill the next day. I had to have weekly treatment, same day each week, I chose Friday, late afternoon, so I could feel ill on my own time Sat. She knew I was ill but since I was out 1 hr every Fri she required documentation. It was simple harassment.
maturnity leave
DFAS
Fri Dec 15, 2006 10:22 AM
Post Reply
The doctor of one of my coworkers excused her for 8 weeks of sick maturnity leave. My coworker's immediate supervisor questioned the extra weeks and went to her supervisor about it. The immediate supervisor was told 8 weeks was okay and to leave things alone. Well my coworker's supervisor took it upon herself to call the doctor's office anyway. I don't know what the doctor's response was, but my coworker was allowed to use the full eight weeks of sick leave. I have always heard the norm was 6 to 8 weeks. Has anyone else had a problem like this?
Your Attachments
IRS-Office of Chief Counsel
Fri Dec 15, 2006 10:31 AM
Post Reply
The sample Leave Restriction memo you provided appears to be contradictory. For instance, in one paragraph it speaks to requesting sick leave in advance and the very next paragraph it states advance sick leave will not be approved.
The Leave Restriction memo also states that a diagnosis and prognosis be included in medical certification as does the sample memo requesting clarifiying information to determine sick leave approval.
I have always drafted these sorts of memos under the premise that an agency cannot ask for a diagnosis or prognosis (as well items 1, 2 and 3 listed in the second memo) unless it was a request for reasonable accommodation.
Pleaes let me know if I have been under the wrong impression.
Re: Your Attachments
Navy
Fri Dec 15, 2006 12:52 PM
I'll draft letters for supervisors that state the employee must provide diagnosis, prognosis, etc., but in the end, the employee must provide enough information for the supervisor to make a decision to approve the leave, accommodate, etc. If the submitted documentation does not identify the diagnosis, but management has enough info to make the appropriate decision, then okay.
Re: Your Attachments
fed agency
Fri Dec 15, 2006 1:25 PM
Re: Your Attachments
Navy
Fri Dec 15, 2006 3:08 PM
Re: Your Attachments
Department of Treasury
Fri Dec 15, 2006 4:12 PM
Re: Your Attachments
DFAS
Mon Dec 18, 2006 8:02 AM
Re: Your Attachments
fed agency
Mon Dec 18, 2006 8:20 AM
Re: Your Attachments
Navy
Wed Dec 20, 2006 2:27 PM
Re: Your Attachments
Engineer (small fry in a large pond)
Thu Jun 12, 2008 3:52 PM
Facts
DoD
Fri Dec 15, 2006 10:48 AM
Post Reply
This article is very creative. However, it is not totally accurate. Wonder why there was no mention of the regulations that cover this? Supervisors can only ask for certain medical documentation under very specific circumstances, and that medical documentation has to be evaluated and handled in a specific way. Essentially, supervisors cannot require medical documentation on a whim--the circumstances are very specific and clear.
Medical Documentation
Department of Treasury
Fri Dec 15, 2006 11:01 AM
Post Reply
As an Labor/Employee Relations Specialist with multiple chronic diseases, I have been my own advocate. I have provided medical documentation when it has not been required, documentation for each appointment and the condition for which I was treated, and documentation regarding needed accommodations. I have erred on the side of providing more than less and, consequently, even a patricularly ruthless supervisor was limited in her actions. I also ensure that I give 110% or more on the job. This is not a reflection of self-righteousness, it is self-preservation. The same supervisor fired an employee, my friend, who provided the minimal required documentation despite my counsel that he provide more than what was required. If a supervisor is hassling you, provide documentation even when it isn't required and don't act as if your privacy is being invaded. The goal is to keep your job and document enough so that a supervisor's superiors can objectively view your level of cooperation.
Re: Medical Documentation
DOD
Mon Dec 18, 2006 9:23 AM
Most supervisors may have asked, then when they realized I was very productive, didn't worry about it. I have found great variation, though. Some want to get rid of anyone who doesn't look perfect or live exactly by their expectations in every detail. Others look at the whole picture.
Re: Medical Documentation
bill the employee
Wed Jan 31, 2007 11:02 AM
In such a case, this, then, is really about your supervisors ability to demean you by abusing his/her authority.
These articles are informative, but would be much better if written with a real word perspective and cite references.
Correction, please re: the MSPB case cited
HHS
Fri Dec 15, 2006 12:52 PM
Post Reply
In the interests of accuracy, I want to point out that Bob Gilson makes the same mistake that Susan Smith did in her article, when he states:
"Recently FedSmith published an article examining an MSPB decision in which the Board sustained the removal of an employee for medical inability to perform the job despite the fact that the individual still had a sick leave balance."
If you read the actual case, it is clear that the employee lacked a sick leave balance--and presumably had been on LWOP. While this doesn't significantly affect the points Bob makes in his article, I think someone who writes in LMR areas should be careful to check sources.
Re: Correction, please re: the MSPB case cited
USDA
Fri Dec 15, 2006 2:58 PM
In other words, while it does not seem to make a whit of difference insofar as the point being made, for the sake of accuracy, the article just says that the absences were approved, excessive and ongoing but beyond the employee's control.
Re: Correction, please re: the MSPB case cited
HHS
Sun Dec 17, 2006 12:12 PM
"The record as a whole demonstrates that Ms. Zellars had been absent from work for a significant amount of time over a two-year period, and there is no dispute that she lacked the avilable leave to cover absences, musch less anticipated future absences had she not been removed. Several memoranda and letters from the Air Force warned that her continued tardiness and absences could result in removal unless she became available for duty on a regular, full time basis."
My reason in citing the actual case is to show that the decision is not as shocking as some thought. Many readers of the article assumed she had ample sick leave, all approved. That was not the case.