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SDI & Return to work date California

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  • SDI & Return to work date California

    I'll try to keep this short and simple.

    I've never seen this so thought I should ask, I have an employee who has been out on SDI. We typically receive information from the Dr. regarding a future return-to-work date.

    In this instance, the Dr. has simply said that it's not up to him.... he will let his patient decide when he's feeling better. It's completely up to the employee to pick & choose his own date.

    He will not provide any detailed restrictions or any light-duty options.

    What options are there for the employer? We've never encountered this before....

    I'm hope I've provided enough details to get some kind of feedback.. Thanks so much.

  • #2
    I would send a letter to the employee requesting an estimated return to work date. While you're obligated to reasonably accommodate disabled employees (including providing leaves of absences), you're not required to sit around and wait indefinitely for an employee to RTW. Document every discussion you have with the ee. If the ee doesn't respond to your letter I would make one final attempt to communicate with him. If still nothing, you're probably ok to terminate.

    Now if this is also a worker's comp issue you'll have to look into that. I won't pretend to be an expert on wc issues.

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