Instead, companies bear the burden of complying with the FMLA and must recognize that an employee who has taken extensive sick leave and supplies a physician's note backing up their illness cannot be fired or disciplined. To schedule a consultation with an employment law attorney, please contact our office at 610-436-0100 or info@macelree.com. Remember that employees may ask their physicians to withhold some information from the note due to doctor-patient confidentiality. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Employment law consists of thousands of federal and state statutes, including administrative regulations. Make-up time requests must be made by an employee in writing and the time must be made up during the same workweek. If the employee fails to provide adequate documentation after the conversation, you will be less likely to violate her rights by disciplining her for attendance issues, he wrote in the February issue of Texas Employment Law Letter. Common questions about California's Paid Sick Leave requirements document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); As organizations and workforces around the world continue charting their course ahead for 2023 and beyond, many are finding that while remote work was sustainable the past two years, it may not be a long-term recipe for success. As long as you apply your policy fairly and consistently, you should be able to discipline the employee for the violation, Ryan B. Frazier, an attorney with the Kirton McConkie law firm in Salt Lake City, Utah, wrote in the February issue of Utah Employment Law Letter. The employer may contact the health care provider, but only to confirm or clarify information provided on the certification. in Boise, Idaho, agrees. Keeping in mind that the coronavirus pandemic has created labor shortages in many places, employers may be justifiably concerned about being able to stay open while the pandemic continues. The employee has a physical or mental impairment that causes significant limitations in one or more major life activities. For some organizations, the in-person work experience remains a vital part of their business operation, corporate culture, [], Grow your employees careers inside your organization and improve long-term talent retention with the latest report from the Cornerstone People Research Lab and Lighthouse Research & Advisory. TBC Companion web app .