gkisystems
Member
What is the name of your state (only U.S. law)? Wisconsin.
Assume an employee was involved in an accident (non-work related) on 1/31. Since the accident, the employee has had one trip to the hospital, one trip to urgent care, and multiple trips to both the doctor and physical therapist. The employee continues to be under the care of the doctor and therapist. The employee was prescribed medicine to take on an as-needed basis. When taken, the employee cannot work effectively due to the side effects.
From 1/31 to 3/23, the employee has been taking the medication and has not been working effectively (sub-par work due to medication side effects). While the employer was notified of the employee's condition, formal FMLA and short-term disability paperwork was not filled out by the doctor and turned in until 3/23. The employee did not act sooner because:
A. Employee feared negative action would be taken for absences
B. Was trying to just "deal" with the side-effects of the medication (unsuccessfully) and be a good employee
The employee was informed not to come into work while under the influence of the medication, taken at the discretion of the employee.
Now that the employee may not be able to work a 40-hour work week, the employee's salary may be reduced for hours not worked. However, short-term disability insurance is an employee benefit @ 100% salary. Upon initial review, short-term disability insurance only kicks in if the employee is absent from work for a consecutive period of time. Potentially, if short-term disability insurance is denied, the tab might get picked up by auto insurance under bodily injury coverage (lost wages).
What is the proper course of action for the employee?
1. Take the medication as needed, miss the days the medication is taken and not get paid for those days while working days that medication is not taken.
2. Take the medication every day, and consecutively miss work until the medical condition is 100% healed (weeks to months)?
How would the employer likely respond to each of those possible actions?
Assume an employee was involved in an accident (non-work related) on 1/31. Since the accident, the employee has had one trip to the hospital, one trip to urgent care, and multiple trips to both the doctor and physical therapist. The employee continues to be under the care of the doctor and therapist. The employee was prescribed medicine to take on an as-needed basis. When taken, the employee cannot work effectively due to the side effects.
From 1/31 to 3/23, the employee has been taking the medication and has not been working effectively (sub-par work due to medication side effects). While the employer was notified of the employee's condition, formal FMLA and short-term disability paperwork was not filled out by the doctor and turned in until 3/23. The employee did not act sooner because:
A. Employee feared negative action would be taken for absences
B. Was trying to just "deal" with the side-effects of the medication (unsuccessfully) and be a good employee
The employee was informed not to come into work while under the influence of the medication, taken at the discretion of the employee.
Now that the employee may not be able to work a 40-hour work week, the employee's salary may be reduced for hours not worked. However, short-term disability insurance is an employee benefit @ 100% salary. Upon initial review, short-term disability insurance only kicks in if the employee is absent from work for a consecutive period of time. Potentially, if short-term disability insurance is denied, the tab might get picked up by auto insurance under bodily injury coverage (lost wages).
What is the proper course of action for the employee?
1. Take the medication as needed, miss the days the medication is taken and not get paid for those days while working days that medication is not taken.
2. Take the medication every day, and consecutively miss work until the medical condition is 100% healed (weeks to months)?
How would the employer likely respond to each of those possible actions?