Some employees seem to think they can take time off for medical testing without having to provide any documentation. Maybe they incorrectly believe all disability-related information is private. That's not true.
Employers can, and should, ask for appropriate medical documentation to back up requests for time off. If not received, the worker can be disciplined.
Recent case: Danny worked as a machinist. He told a supervisor he needed to take a few days off for medical testing. The supervisor told him to "get some rest" and get any tests he needed. Then Danny missed a week of work.
He did send his boss an email in which he stated he was "cancer free," but was suffering from kidney stones and an enlarged spleen.
Danny returned to work a little more than a week later. His supervisor asked for a doctor's note, but Danny never provided one. He was then terminated for being absent without approval under the company's attendance policy.
Danny sued, alleging that he was disabled and had been terminated because of his disability.
The employer argued that it was within its rights to demand medical documentation when an employee takes off a week for medical tests. Otherwise, it argued, employers would have no way to know whether employees were taking leave for medical reasons or merely abusing the company's leave policies.
The court agreed with the employer and dismissed the case.
Final note: Be sure your handbook contains a clear absenteeism policy. If you are an FMLA-covered employer, post the official FMLA notice (www.dol.gov/whd/regs/compliance/posters/fmla.htm). Clarify when you will request medical documentation for both FMLA and non-FMLA medical absences.
.png?w=600)
