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Requiring Medical Evidence: What's Acceptable? (Part I)

Uh oh

ES
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

Compliance Officer
USDOL/OFCCP
Mon Dec 18, 2006 10:22 AM
Supervisors/Managers must be required to follow the regulation, i.e., DPR, etc., and it's directions rather than the ADA. Some of your advise/comments are very misleading. Supervisors do, in fact, harass and mis-use their "powers" as a manager.

sick leave

hardworking, faceless, (soon to be raiseless,) nobody
DOD
Fri Dec 15, 2006 10:14 AM

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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

Techie
DFAS
Fri Dec 15, 2006 10:22 AM

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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

Labor Relations Specialist
IRS-Office of Chief Counsel
Fri Dec 15, 2006 10:31 AM

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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

LR
Navy
Fri Dec 15, 2006 12:52 PM
Requesting sick leave in advance and requesting advanced sick leave are two separate issues. First, I have a dr's appt next week and am asking for 2 hrs SL on Wed. Second, I do not have enough sick leave to cover my absence for upcoming surgery, and I am requesting 240 hrs advanced sick leave. Get it?

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

ER specialist
fed agency
Fri Dec 15, 2006 1:25 PM
You are under the wrong impression...do your homework LR. Diagnosis and prognosis are absolutely appropriate to ask for. Second their is no contradiction, "advance sick leave" refers to the supervisor allowing the employee to go into debt on sick leave. Requesting leave in advance means scheduling it.

Re: Your Attachments

LR
Navy
Fri Dec 15, 2006 3:08 PM
Reread IRS GC's comment and then reread my response to it, ER. You and I said the same thing. Do your homework. Thank you.

Re: Your Attachments

Human Resources Specialist (Employee/Labor Relations)
Department of Treasury
Fri Dec 15, 2006 4:12 PM
As an LR/ER Specialist in the IRS, I can tell you that we do advise management to ask for a diagnosis and prognosis for extended absences, absenteeism, etc. I find it troublesome that, in some of the responses to the article, employees question whether management has a "right" to contact a doctor or request medical documentation. If one wants to avail oneself of a perceived right to sick leave for more than three days, one should expect to provide management with the documentation needed to justify the request and authorize management to discuss the situation with his or her physician if there are any questions. The presumption that managers are out to get an employee by asking for such documentation or permission is wrong. Extended or frequest absences affect productivity and, on occasion, group morale, and first-line managers who sign time sheets must be able to support why they have approved extended leave ot absences.

Re: Your Attachments

Reformed Conservative
DFAS
Mon Dec 18, 2006 8:02 AM
The sample memo speaks of requesting sick leave in advance. How is the employee supposed to know in advance that he's going to be sick?

Re: Your Attachments

ER specialist
fed agency
Mon Dec 18, 2006 8:20 AM
one doesn't know that they will be sick; however, sick leave for doctor's appointments (routine) are scheduled in advance and therefore the leave should be put in advance. Also - my comment re: doing the homework was targeted to IRS - GC; not LR- Navy. LR Navy's comments which were right on correct, was simply posted prior to mine.

Re: Your Attachments

LR
Navy
Wed Dec 20, 2006 2:27 PM
ER, I retract my statement. I apologize and thank you.

Re: Your Attachments

DOT
Engineer (small fry in a large pond)
Thu Jun 12, 2008 3:52 PM
I agree that managers should ask for a doctors excuse for either extended or excessive sick leave. I volunteered it to my former bosses who told me it was unnecessary when I had surgery. The only exception was when I was incapacitated by a car accident and was unable to provide an advanced sick leave request. I see a lot of abuse where I am and I think it is unfair to the rest of the workers to see it continue unabated.

Facts

Grunt
DoD
Fri Dec 15, 2006 10:48 AM

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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

Human Resources Specialist (Employee/Labor Relations)
Department of Treasury
Fri Dec 15, 2006 11:01 AM

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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

hardworking, faceless, (soon to be raiseless,) nobody
DOD
Mon Dec 18, 2006 9:23 AM
You're right about the 110%. I have a chronic condition and will be ill to some degree for the rest of my life. I have learned to get it done NOW, get it done completely, and document. I end up, even with more frequent leave usage, with the most difficult projects and am still aways in the top 1 or 2 when the metrics are examined. I am not bragging. I was forced to this level because I knew it wasn't fair for others to have to do my work while I was ill and this was the only way to preserve the job I so desperately needed.

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

VA
bill the employee
Wed Jan 31, 2007 11:02 AM
HR spec from DOT- you recommend providing extra documentation, documentation when not requested and to act as though one's privacy is being invaded- from a practical aspect you are right, but if a sup is asking for more than they need then they are invading your privacy. Are we in America?

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

Retired manager
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

manager
USDA
Fri Dec 15, 2006 2:58 PM
I went back to read the article you referenced. The article says "A recent federal appeals court decision underscores the fact that it is possible to carry out a non-disciplinary removal of a federal employee for “non-availability” where her absences were excessive and ongoing, albeit excused for medical reasons beyond her control."

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

Retired manager
HHS
Sun Dec 17, 2006 12:12 PM
Actually, the USDA manager, like Bob Gilson, read the article, not the case itself. The case (a very short 5-pager) states on pg. 3 that:
"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.
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