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Chevysolid
Posted on Tuesday, March 07, 2006 - 10:52 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

The issue is what is your employer allowed to ask you reference your use of sick time?

I turned in a sick leave slip the other day and it was returned with "What kind of sickness?" At my other job this was considered violation of HIPPA or similar laws.

Our policy states that you can take three consecutive sick days without a doctors note, and the fourth you would be required to have a note.

Most of this stems from previous abuse of sick time by an employee who is no longer here.

I know policies are going to very, but is there any case law or history regarding this???

Thanks for any input.

ANB

(Message edited by chevysolid on March 07, 2006)
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Superbee24
Posted on Tuesday, March 07, 2006 - 10:58 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

"What kind of sickness?" The type that keeps you from coming to work.
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Court
Posted on Tuesday, March 07, 2006 - 11:04 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

>>>"What kind of sickness?"

  • Medical
  • Emotional
  • Injury - work related
  • Injury - non-work related
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Mikej
Posted on Tuesday, March 07, 2006 - 11:06 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Probably depends on your local labor laws and how the company policy is written. Here, the way it is written, you just say you don't feel well without any real details and as long as there isn't apparent abuse and as long as you're not over the limited allowed time then that's all there is to it.

Now, if someone happens to catch a shot of you on the evening news out doing something not sick related then there may be additional scrutiny.

Just tell them you had indigestion. If they want proof you can then ask them if they want a sample next time.

Bottom line here is that sick time is for being sick, not for free vacation days. We used to have Personal days for things like doctor/dentist appointments, but that went away due to abuses and paranoia and such.

(I'm not a doctor, not a lawyer, not an HR manager, I'm just a grunt employee who gets sick sometimes. Sometimes sick due to something I ate, sometimes just sick of work for a day, and sometimes I just need an extra day off which in and of itself can be a preventative measure against future sicknesses.)
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Hdbobwithabuell
Posted on Tuesday, March 07, 2006 - 12:57 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Come to think of it, I think I'm feeling a little "sick" of work right now. Wooohoo! Sick days!
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Chevysolid
Posted on Tuesday, March 07, 2006 - 01:42 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

"Sick of work"
IMO is a valid reason if not abused.

You're right.... to prevent future sickness

I so wanted to put on the card that I had the shi$s but since I am still on probation I thought better of it.
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Court
Posted on Tuesday, March 07, 2006 - 02:41 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Don't do like your ol' buddy Court did. Neigh on a year or so ago, I get a call from the folks at Ducati asking me to be part of the pulling the veil off the new Paul Smart Replica.

Cool. I show at Javit's, meet the folks from Bologna, they do some speeches, off come the sheets, flash go the photos and poof . . . I'm back at work.

The next day comes the call from a co-worker. "Where. . . (with a hint of taunting in his voice). . were you yesterday?"

"At work".

"Yeah, right. You obviously weren't watching SpeedVision last night"

((I wasn't))

(( I shoulda been))

He sent me the dandy photos of me arm and arm, smiling big as can be.

Oooooooooooops!

B-U-S-T-E-D
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Court
Posted on Tuesday, March 07, 2006 - 02:44 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I, when I owned my own firm, periodically called unscheduled holidays.

I receall going in one day in just a really foul mood.

About 9:00AM I called the group in, told them I am in a pissu mood for no particular reason. I have no business looking at bids, evaluating construction projects, getting anywhere near our clients or interacting with you fine folks.

We all took the day off, spent it with our families and came back charged and ready the next day.

After that we gave anyone (there were only 5 of us) in the office the right to hit "the same button". It happened a couple times, was never abused.
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Brotherbuell
Posted on Tuesday, March 07, 2006 - 03:10 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

My most favorite:
"I have an eye problem....I just can't see coming to work today."

My least favorite: (actually told to me by an employee)
"I can't come to work today because I'm drowning in a sea of love!"
The bastard quit before I got a chance to fire him.
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Voltage_vector
Posted on Tuesday, March 07, 2006 - 03:30 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

"the voices in your head told you to stay home and clean the guns."
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Buellgrrrl
Posted on Tuesday, March 07, 2006 - 06:00 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I've got two months unused sick leave built up at my last job, and a deranged supervisor who is trying to fire me for using too much sick leave. So "excessive sick leave use" is clearly in the eye of the beholder...

Fortunately by the time we get an arbitration hearing so said deranged supervisor gets a chance to fire me I'll be retired anyway!
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Kdan
Posted on Tuesday, March 07, 2006 - 07:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I called in sick once for a few days because I ran my hand over a table saw blade. 2nd day my boss started questioning my inability to come to work. I e-mailed him and copied the whole office the pictures they took in the emergency room. I've never been questioned since.
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Natexlh1000
Posted on Tuesday, March 07, 2006 - 08:12 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I get morning migraines.
I had a job once that didn't think headaches were "real enough" to take a half day off from time to time.
I used to have to lie about it.
Say the word "Diarrhea" and usually they will drop the issue fast.

Employers don't usually want ANYTHING to do with that situation.
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Swampy
Posted on Tuesday, March 07, 2006 - 08:27 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Why waste a perfectly good sick day staying home sick, I usually go to work and spread it around, or complain to the supervisor.

Now that said, in Michigan, the sick leave request verbage is quite vauge, such as doctors appointment, illness, family illness, and thats about it. They (Whomever) requested in an email to use only the above mentioned excuses.

There is probably a department of Labor in your state that regulates that sort of thing.
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Shea
Posted on Tuesday, March 07, 2006 - 11:20 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

The employer asking is not against the HIPAA laws, but them trying to access your medical files are. My wife is an ER physician and I am a paramedic. I asked her just now, because I think she would know better than me, but she is not sure if the employer can force you to tell them, but, when she writes a Dr's note, it never has the diagnosis on it. It is just legitamizing that the person was there. Not to mention, writing it on there could create some sort of HIPAA violation too.

Sorry I couldn't help you more. See if you can do a search on it. Information must be provided to everyone publicly, so I don't think it would be hard to attain.
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Sgthigg
Posted on Wednesday, March 08, 2006 - 01:06 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Arent your Medical records private, confidentiality..blah bla bla? If so then this answer should suffice like court said.

Medical
Emotional
Injury - work related
Injury - non-work related

In the Military beleive it or not our Medical records are very private. Only our commanding officer or Diagnosing medical personnel have authority to look at them.
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Seanp
Posted on Wednesday, March 08, 2006 - 02:09 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Yeah, but the crappy thing about the military is that you can't just call in sick. You have to go to sick call, which entails waiting for an hour or so to see a medic, then waiting for another hour or so to see a PA or doc. Then they give you a scrip, so you wait for an hour or so at the pharmacy. It's not worth it. I can't remember ever going to sick call for being sick. If I am sick, I just suck it up and work anyway, because it's easier than going through the rigmarole of going to sick call to get proof that I was sick.
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Blublak
Posted on Wednesday, March 08, 2006 - 09:20 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Ok, having dealt with an ongoing abuser of 'sick leave' etc.. At my company (and it's a big one)we have a pretty simple policy:
If you're sick for fewer then three days, we take your word and charge against your sick time. After three days, we require a doctors note. Questions regarding nature of illness are, as Court and Sgthigg said, used to determine the need for OSHA reports etc. Therefore, a simple declaration of 'type' of illness is all that's needed.

Sounds to me like they didn't phrase the question correctly. But if you worked with me, that would be what we are looking for.

If you call in sick and the company asks what's wrong and you say 'Flu' or some such and then try to claim workers comp due to a sprained wrist.. Well, the company can fight it. If you injured yourself at work and need to take time off, the company needs to report it. Simple. Don't be so paranoid that they are trying to get at your private records. They aren't. If they are, then there are legal remedies that will hit them where it really stings.. in the wallet.

Usually, once an abuser is identified, there is a knee jerk reaction from the management and that results in everyone having to document illness' amongst the crew in more detail. This does not mean they have a right to your private information, but let's face it, if you will tell a friend what ails you, then you can tell that same thing (or a little less) to an employer.

Only someone who's abusing the system (in the eyes of upper management) would refuse to divulge any information. So play it smart, tell them just enough to let them know you aren't about die on them and let it be.

Hope this helps.
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Chainsaw
Posted on Wednesday, March 08, 2006 - 09:21 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

i've taken maybe 5 sick days in the past 12 years. I've never been asked to validate an illness.

I have taken a number of long weekends, scheduled by saying, "I don't think I'm gonna be here tomorrow..." : )
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Bomber
Posted on Wednesday, March 08, 2006 - 10:47 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Court and Blu have it right -- not much more data they can request and be legal

on the other hand, if you've got a great relationship with your employer (or boss), and want to keep it great, tell em what they seem to be asking, the exact nature of your illness

nothing sez you can be more detailed in your description -- you can tell em all you want

the presumed adversarila relationship between employers/employees is interesting, yes?

I've called in well (hey boss, I feel too good to come in today -- I'm going riding!) one time -- the boss laughed, and said I got one of those a year

in my managerial role, I've declared "Bomber Fridays," where, after a big project, seeing that everyone wound up staring at the ceiling in brain-dead stupors, I sent em home round 10 in the AM -- they weren't getting anything done, and the benefit of bokkin up, gratis, was repaid many fold

surprisingly, many folks just smiled largely, and went back to work
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Halbard
Posted on Thursday, March 09, 2006 - 06:04 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Besides.. if they push for an exact reason besides medical... just use two simple words:

"Explosive Diarrhea"

tends to shut people up when you ask "Would you like the Details..."
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Randlepmcmurphy
Posted on Thursday, March 09, 2006 - 07:36 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Look them right in the eye and say psychiatric counseling then twitch and tell the voices in your head you don't want to kill this one.

Doesn't the buell excuse card work for this?
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Swampy
Posted on Thursday, March 09, 2006 - 09:25 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Yep, use the pokerface, and tell them that or any other thing you want to.
I always like to tell them about the "Dog Jaw" diagnosis.

Funny, if you give too much description, whomever you are telling it to will always give you their medical story trying to top yours.
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