Supervisor encourages employee to have doctor modify doctor's note

D

Digital99x

New Member
Jurisdiction
North Carolina
Hello,

I recently had an at-home accident to where I ended up being treated by the leading burn center here in this state. My time out of work was covered under FMLA (with days left to spare).

I returned to work with a note from the doctor that stated I am to work no more than 4 hours a day. it also states that I am to wear a compression glove for at least the next year and half. I am a salaried employee. I have been back to work close to two months now, working the 4 hour shift per day.

Recently, I returned for another follow-up at the burn center, and received another note for me to continue working the 4 hours per shift for the next three months. My supervisor was unhappy with the documentation.

Is my supervisor on the "right" side for asking me to get my doctor to edit my note? She has done so two days in a row now, and asked the question to me in front of my co-workers. She wants me to work the on-call rotations at night on top of my 4 hours during the day. I don't have a track record of calling out of work, or even missing a day, outside of scheduled vacation days.

It was one of my hands that got covered in a grease fire. I sacrificed it trying to keep this duplex from burning down, concerned more about the family living next door than that of myself.

Please advise,

Thank you in advance.
 
Digital99x said:
Hello,

I recently had an at-home accident to where I ended up being treated by the leading burn center here in this state. My time out of work was covered under FMLA (with days left to spare).

I returned to work with a note from the doctor that stated I am to work no more than 4 hours a day. it also states that I am to wear a compression glove for at least the next year and half. I am a salaried employee. I have been back to work close to two months now, working the 4 hour shift per day.

Recently, I returned for another follow-up at the burn center, and received another note for me to continue working the 4 hours per shift for the next three months. My supervisor was unhappy with the documentation.

Is my supervisor on the "right" side for asking me to get my doctor to edit my note? She has done so two days in a row now, and asked the question to me in front of my co-workers. She wants me to work the on-call rotations at night on top of my 4 hours during the day. I don't have a track record of calling out of work, or even missing a day, outside of scheduled vacation days.

It was one of my hands that got covered in a grease fire. I sacrificed it trying to keep this duplex from burning down, concerned more about the family living next door than that of myself.

Please advise,

Thank you in advance.
Click to expand...

Have you discussed the matter with your HR Department?

I suggest you do that.

You need to understand that an employer doesn't have to accept a note from a physician directing the employer to let you work 4 hours, do your work in while grooming your service monkey, or any other medical instruction.

The instruction is for your benefit.

If the requirement is very lengthy, or prolonged, you might consider uttering the magic words, FMLA.

Even the powerful incantation FMLA won't allow you to be accommodated for as long as your recover might require, and with the restriction you need to recover fully.

If short term, or long term disability happens to be one of the benefits you carry, look into that solution, too.

Your injuries, while noble, had nothing to do with people injured on the job and on the clock.

Before your situation spirals out of control, I suggest you have a long chat with one of the fine professionals in your HR Department.
 
Thank you for providing a quick and informative reply. I already stand tall enough to be a target, and approaching HR tends to put a bulls eye on one's back. However, I will follow through with what you have expressed.

Thank you again,
Have a great day/evening/night.
 
You may be out of FMLA time if you came back with "days to spare" and you've been working for two months at 1/2 days.
 
txls said:
You may be out of FMLA time if you came back with "days to spare" and you've been working for two months at 1/2 days.
Click to expand...


At my place of business, any salaried employee who works at least 4 hours, gets paid for the full day. So, as far as my "days to spare" go with FMLA, I use them on the days I have to return for my follow-ups.
 
Well now I understand why your supervisor isn't happy about 5 months of paying you for full days when you are working 1/2. I believe that salaried employees can be changed to hourly when FMLA calls for intermittent absenteeism.
 
I understand that too - revert to hourly. I'm the "star" employee - the "mikey" who does it all without question. Not saying that's just cause to keep me in the loop with the paid benefits I'm currently getting, but to be asked to get my note "doctored" by the doctor just didn't sit well in my stomach. I had to ask somebody, so I came here.
 
It's unfortunate but I have to agree that talking to HR puts a target on your back. HR works for the bosses to enforce the bosses' rules. HR is not your friend.
 
Sure I understand and I'm sure it wouldn't sit well with your doctor either. But in the interest of trying to work with your supervisors request, you could always ask your doctor about working the on-call rotation at night. It's possible that you would fine working 4 hours in the morning and 4 hours in the evening, just not 8 hours straight.
 
I agree with discussing this with your doctor & see what the doctor thinks re the 4 hrs. & on-call shift.
 
Working the lighter hours at work, according to the physician, allows for me to take the heavier meds while at home that make me loopy and sleepy - that don't allow one to drive while taking, and I don't feel the pain at all, but am normally asleep while at home. Being on-call leads to either remoting to a device to resolve an EMR issue, or some other technical issue, or to drive to the location (clinic) or physician's home to resolve issue(s) than can't be handled via a remote connection, which is mostly the work involved. I use a lighter medication at work to make it through my work period. That was the overall reasoning for the provided work schedule -managing the ability to take the proper meds at the right time. Being on call covers the hours from 5:00 pm until 7:30 am, and returning to work at the end of that night's call, and repeating it daily.
 
If you don't believe you can do the hours requested/your doctor will not approve the hours requested, then you will just have to tell them that.
 
Question: Why is it that your only working 4 hrs per day? Sounds like your injuries are to your hand. Are you in production position where you use your hand?
 

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