I have an employee who called off work via a Doctor's note that the doctors office sent via fax. The employee did not notify us. WE had to call the employee to find out what was going on as the doctors note only said that the employee could return to work in a week.

When we contacted the employee they said that work was stressing them out and that their blood pressure was high because of the stress at work.

About 4 days before the employee was to return we called and left a message asking that they get a new Doctors note. The Employee called back and said that they had an appointment to see the doctor the next day.

The next day came and we got another Fax from the doctors office stating that the employee can return to work in seven more days. Again nothing from the employee as far as what was going on.

Let me state that we are a small company, just 6 employees.

In the mail today (4 days befo9re the supposed return ) we get a notice from the State (ODJFS) that this employee had a LEAVE OF ABSENCE and was looking to get paid unemployment compensation. Well I am confused. Can an employee get paid U.C. for a medical problem that keeps them from work according to a doctors note? BTW leave of absence was never granted. We just followed the doctor's note. Any insight would be greatly appreciated.:confused:

If the employee was sufficiently ill to be medically unable to work, it is quite unlikely that they will qualify for unemployment benefits. Sounds to me as if the employee is trying to play both ends against the middle.

Give the state all the information you have, including making copies of the doctor's notes available.

Thank you for your lighting fast response! I suspect that this employee who is due to come back on monday is not going to show up or not show up with a new doctors note. If the employee doesnt show up on monday, would that be considered Job abandonment? Thanks again.

I would consider it so, yes. If that happens, (for that matter, if he shows up with or supplies another doctor's note) by all means include that information when you reply to the state.

He may or may not be trying to pull a fast one on you. He may or may not realize that he cannot collect unemployment when he claims to be medically unable to work. But there's no reason for you to sit back and accept unacceptable behavior, and in my book this is.