DEAR BUREAUPAT
Can my supervisor make me get a doctor's note when I'm sick?
Bureaupat takes on another HR question... By Bureaupat Aug 25, 2010
Dear Bureaupat, I've been sick several times this month and my supervisor is asking for a doctor's note. I feel like I'm being punished. What makes my supervisor think he can do this?
Dear Sicko, From your question, I can't tell if your supervisor is out of line or if you might be abusing sick leave to combat a recurring case of the "Mondays." The first thing that may surprise you is that you do not have the right to take sick leave whenever you feel like it. Whether you are an employee in the Civil
Service Retirement System (CSRS) or the Federal Employees Retirement
System (FERS), sick leave may be
granted by the supervisor for absences for illness, injury, medical or
psychological appointments and/or treatment, adoption of a child, or
certain circumstances involving contagious diseases in accordance with
applicable laws and/or regulations. Additionally, sick leave also may
be applied and granted for purposes set forth in the Family and Medical
Leave Act and for Sick Leave for Family Care. While
we don't plan for illness, most supervisors are understanding and will
grant your leave when you call in with the hoarse voice, cough and
wheeze. After all, it is in the best interest of the organization to
keep you home so you get better and don't infect the rest of us with
the flu, cold or ailment of the week. Most employees don't abuse sick leave, but conventional wisdom says the abuse that does happen is more prevalent
from federal employees in FERS versus CSRS. This stems from the fact that employees in CSRS can accumulate sick leave at retirement, which can add to your total retirement (so instead of retiring with 30 years it could be 31 years if you have a year of sick leave accumulated) which translates into a hirer pension. Employees in FERS receive no such incentive to avoid using sick leave. We all know sickness is
part of the human experience, but even the most naïve supervisor will
eventually wise up if you are "sick" every time there is a 3-day weekend or
after wild nights out. So, the answer to your question is... yes, your supervisor can ask for a doctor's note when the
supervisor has reasonable grounds to suspect sick leave abuse. You may be required to provide your supervisor with medical certification: - for an unscheduled absence in excess of three (3) consecutive workdays;
- for any use of sick leave if the individual is officially on leave restriction;
- for a chronic condition which does not necessarily require medical treatment although absence from work may be necessary.
If you have previously furnished a medical certificate of the
chronic condition, you may not be required to furnish a medical
certificate on a continuing basis. However, your supervisor may
require reasonable updates to the medical certificate; - to
consider an individual's request for leave for medical reasons,
including treatment and convalescence related to childbirth, and care
for a spouse, son, daughter, parent, or legal ward with a serious
health condition;
- to consider an individual's request for
special consideration such as reassignment or other reasonable
accommodation and there is a question as to the medical need for such
accommodation;
- to consider requests for advanced sick leave;
- to support requests for Sick Leave for Family Care
A good
supervisor will notify the employee of the suspected sick leave abuse before taking further action. Perhaps this is what your supervisor is attempting to do. Additionally, the supervisor may
notify you in writing, for a stated period not to exceed six
(6) months for the first offense, that you are to be placed
on sick leave restriction, and that requests for sick leave will not be
approved unless supported by medical certification. Typically, individuals on leave restriction will be required to furnish
medical certification upon return to duty, not later than three (3)
business days from his/her return to work. Ask to meet with your supervisor to clarify his/her concerns about your use of sick leave. If after that meeting you feel that you are being unjustly
monitored, meet with your local equal employment office (EEO) to discuss your options.
The Only,
- Bureaupat
www.OhMyGov.com
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