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    Muggs's Avatar
    Muggs Posts: 10, Reputation: 1
    New Member
     
    #1

    Dec 8, 2007, 11:03 PM
    WORK RELATED sick leave issue
    Hello. Our employer (health/medical) in PA recently changed their sick policy to state that if you are ill/put on a leave over 3 days by your physician/specialist that the employer has the right to have you see a physician within or of their choice to verify that you are unable to work. This is for NON Workmans Compensation issues. IS this LEGAL? I can understand if it is workmans compensation. However, if it is NOT work related doesn't that violate some hipaa law or violate your civil rights. A physician stated you can not work & they are saying that isn't good enough you need more proof that you need to be absent.? Thanks for the input
    Chery's Avatar
    Chery Posts: 3,666, Reputation: 698
    Gone, But Not Forgotten
     
    #2

    Dec 9, 2007, 01:46 AM
    Under german employment law, three days does not constitute this type of action. However, if there is proof of continued three-day illnesses and the certificate signed by the same physician can cause suspicion. It can therefore be justifiable if documented.

    So, this might be a new standard that your employers are trying to implement, and with enough justification, we all know that they can and will get this integrated into their standard operations procedures for employment agreements.

    If you have nothing to worry about, I would go and let them examine you - but they should pay for the examination since it is the employer's wish.

    Who know, you might be written sick longer than the three days, and at their expense.

    Good luck, and keep us posted.


    Unfortunately, in the Human Resource business, things are going to change and we will have to get used to it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Dec 9, 2007, 06:11 AM
    Hello Muggs:

    If you are employed "at will", your employer can change anything he likes about your job, anytime he feels like it, including what YOUR employer requires you to do.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Dec 9, 2007, 03:01 PM
    Quote Originally Posted by excon
    Hello Muggs:

    If you are employed "at will", your employer can change anything he likes about your job, anytime he feels like it, including what YOUR employer requires you to do.

    excon

    Ditto!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Dec 9, 2007, 07:38 PM
    As long as they are paying for it, but this is the issue, if your doctor really believes you need off ( you are not just getting them to sign for you to be off) the other doctor could not sign to make you go back to work, if so, they could easily be liable if you went to work and your illness got worst.
    So it sounds like someone has been abusing this and/or there has been some issue

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