Equal Employment Opportunity (Eeo) Policy And Program Administration Form Sample Page 27

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VA MEDICAL CENTER
POLICY MEMORANDUM 00-304
BRONX, NEW YORK 10468
July 31, 2003
vii. Return to duty: Upon return from sick leave because of a contagious
disease or other medical requirement imposed by management, employees must be
medically cleared for return to duty by the Employee Health office.
viii.
Advance sick leave must be requested on OPM Form-71, Request for
Leave, and must be accompanied by medical justification for the request. All
determinations on all requests for advance sick leave will be made by the Medical
Center Director.
(b) Sick Leave Restriction: Where there is substantial reason to believe that an
employee is abusing the sick leave entitlement, a sick leave restriction may be
imposed.
i. Sick Leave Counseling: When a supervisor believes that an employee may be
abusing sick leave, the supervisor should review the official time cards in the
Payroll Section of the Fiscal Program to obtain a complete listing of all leave used
due to alleged illness. The type of leave may be sick leave, annual leave in lieu of
sick leave, or LWOP in lieu of sick leave. The amount of approved sick leave used
by an employee is not in itself evidence of abuse. However, if a pattern of leave
usage or other evidence of inappropriate use of sick leave exists (for example, use
of sick leave on Mondays and Fridays or around holidays, use of leave as fast as it
is accrued, etc.), the supervisor should discuss the use of sick leave with the
employee. If the pattern continues and it is determined that there is reason to
believe that an employee is abusing the sick leave entitlement, the employee shall
be formally counseled and advised of the possibility of future medical certification
requirements, should the abuse continue. Supervisors should prepare a written
summary of any oral counseling and provide the employee with two (2) copies of
it.
ii.
Sick Leave Restriction Notification: A sick leave restriction letter is a
formal written notification to the employee that states that the employee’s use of
sick leave indicates an abuse of sick leave and that, in the future, the employee will
be required to present a statement from a physician certifying that the employee
was ill during any specific period of time for which sick leave is requested. The
written notice will give the specific reason(s) why the employee is suspected of
abusing sick leave. Sick leave supported by medical certification may not be used
as the basis of a charge of abuse or possible abuse of sick leave. Although the
supervisor may normally require such a note whenever the period of leave for
illness exceeds three consecutive workdays, a sick leave restriction letter allows the
supervisor to demand such a note regardless of the length of leave (e.g., 1 hour or 3
days).
If the supervisor believes that it is necessary to clarify any question
concerning a medical certification, the supervisor will contact the Employee Health
Unit.
Only the Employee Health Unit may contact an employee’s personal
physician or health care provider, clinic, or hospital where the medical certification
originated.
iii.
Restriction Follow-up: The supervisor will meet with the employee not
later than six months after the restriction letter is issued to review the employee’s
leave record since the letter was issued. If no further abuse is indicated, the
restriction will be removed, the record shall be made clean, and the employee will
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