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Calling in sick too often, doctors note wanted AND consult with City Doctor. Legal ?

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FILO

Junior Member
What is the name of your state? FLORIDA

I have been suffering from insomnia for some time now. It has gotten so bad that a month ago, I went to the doctor to get help...who put me on Ambien. Since then, the ambien has helped out tremendously, but I still have my nights where I dont sleep and of course, am in no shape to work the next day. Things have gotten better...but as with all insomnia, you have your ups and downs despite treatment.

Because of my insomnia, I have been calling in sick a lot. I am a firefighter and work 24 hours on and 48 hours off. In the past year thus far, I have called in a total of about 5-6 times. My Chief finally sat me down and confronted me, telling me that I am in the "crosshairs" as he puts, of administration and they watching my every move. It was then that I told him that I suffer from insomnia and am currently under the medical care of a physician. I told him that I do have a doctors note stating such (I do) and that I would go ahead and hand it over to him next shift. Tomorrow is my next shift and I am going to do that. However, today while at home, I checked my work email and saw that he sent an email that came up from administration stating that they want the City Physician to evaluate me as well and that they are going to set up an appointment for me to do so.

I am appalled and insulted that the City wants me to see the City physician. Why ? Is my doctors note stating that I am under her medical care not good enough ? The note clearly states that if there are any further questions, administration can call the doctor and discuss my condition if I authorize it of course. Why would this not suffice ? I feel that the City is exercising their authority through force and that the demand to see the City doctor is unjustified. What do you think and do I have any recourse ?

I work for a small city that has about 150K people in it. My fire department's morale is very low because our of our administration and the ways they have handled things in the past. Any insight into this and what I should do next would be very much appreciated.

Thank you
N
 


moburkes

Senior Member
No, a doctor's not may not necessarily be sufficient. What if your ailment made it difficult or unsafe for you to perform your job? They are making sure that your illness will not interfere with your performance (which it has thus far).
 

las365

Senior Member
Indeed, it seems to me that your employer has good reason to evaluate your fitness for duty. Sleep medications commonly warn against operating heavy machinery and engaging in certain other activities, not to mention that fatigue can be as delibitating to your decisionmaking ability and reaction time as being under the influence of alcohol.

If you can't do your job due to your medical condition, either because you have to call in sick or because you are not in condition to do it safely because of medication or fatigue, maybe you need a leave of absence or something.
 

FILO

Junior Member
Thank you for the prompt replies. Basically the city wants to protect their ass is what you are saying. I can understand that, but undermining another physician's evaluation of me is an insulting on my level and to the physician as well...at least that the way I see it. I take Ambien, but NEVER while on duty of couse. Only the night before I go to bed and the days I am off at home.

Thanks again folks....be safe out there.
N
 

moburkes

Senior Member
You need to stop taking it so personally. They are treating you the way they would treat anybody. If they DIDN'T require an evaluation and SOMETHING HAPPENED, they could be sued, people could lose jobs, etc. When one trip to their doctor will explain it all.
 

kwalla

Member
As much as you want to take this personally, they have a responsibility to ensure you are physically/mentally capable of performing your job without risk to yourself or to others. Especially as a firefighter. You should have communicated your doctor's findings before they addressed an ongoing attendance issue.
There are some people (me included) that could never handle that schedule (24 hours on/48 off). It wreaks havoc on your system to deprive yourself of sleep for 24 hours every third day. Your immune system, mental capabilities, metabolism (etc) are all negatively affected by it.
 

pattytx

Senior Member
And, if the insomnia, and the treatment for it is THAT bad, you may have an FMLA situation here. There ARE alternatives to Ambien; I suggest you ask your doctor.
 

FILO

Junior Member
As much as you want to take this personally, they have a responsibility to ensure you are physically/mentally capable of performing your job without risk to yourself or to others. Especially as a firefighter. You should have communicated your doctor's findings before they addressed an ongoing attendance issue.
There are some people (me included) that could never handle that schedule (24 hours on/48 off). It wreaks havoc on your system to deprive yourself of sleep for 24 hours every third day. Your immune system, mental capabilities, metabolism (etc) are all negatively affected by it.
Kwalla..I did not need to communicate anything regarding MY personal medical conditions Sick time is there for a reason...I am entitled to it without divulging sensitive and private medical information. Now if they come up to me and ask me why I am calling in sick so often, as was the case, then YES..I need to tell them exactly what is going on. I did that. But never would I voluntarily give up information like that..are u crazy ?
 

FILO

Junior Member
And, if the insomnia, and the treatment for it is THAT bad, you may have an FMLA situation here. There ARE alternatives to Ambien; I suggest you ask your doctor.
Patty...of course I have exhausted all other treatment options before turning to Ambien. I have tried all the OTC medications, I have tried holistic medicine. Name it and I have probably tried it. Thank GOD for ambien..it did the trick...for now.
 

moburkes

Senior Member
No, you are required to disclose any medical condition that may affect your job. You can give that information to their doctors or to HR, but they need to know the information.
 
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