The MOUs and the Ordinance Code provide management the right to require a healthcare provider’s statement or make whatever other investigation into the circumstances of a request for sick leave that appears warranted before taking action on the request. Under this provision, a supervisor may require an employee to submit a healthcare provider’s note upon return to work if the supervisor feels there are circumstances that warrant such a statement. In order to require the employee to provide a healthcare provider’s statement in this manner, the supervisor must advise the employee of the requirement to submit a statement prior to the employee’s return to work. In other words, if an employee is out sick on Monday and Tuesday, you cannot tell the employee on Wednesday when they return that a statement is required. The employee should be advised of the need to provide a statement when they call in sick.
Healthcare providers, and Kaiser in particular, routinely do not see patients in person for minor or common illnesses, such as fevers and colds. Instead, phone consultations are frequently used for cost containment purposes.
Under most circumstances, statements from Kaiser and other providers that simply state that the employee “states they are ill and unable to work” are acceptable and should not be questioned by the supervisor or manager. Since the County’s HMO rates are driven by utilization, forcing employees to provide a healthcare provider’s note indirectly contributes to higher health insurance premiums for all employees.
However, a medical note issued from a phone assessment without an actual office visit is not adequate when:
- An employee is requesting a Medical Leave of Absence. Healthcare provider statements to support such requests must demonstrate that the treating health care professional has examined the individual (or their family member for FMLA leaves) and has determined that a leave of absence is required.
- Any time an employee uses sick leave in conjunction with a Workers’ Compensation claim.