Question
Management Decision OPEN FOR ABUSE This isnt the first time youve had an employee who took leave under the WCB Act and Regulations. The act
Management Decision OPEN FOR ABUSE This isnt the first time youve had an employee who took leave under the WCB Act and Regulations. The act has been in place for decades, and youve had employees take leave for work-related injuries. In general, most people have used WCB as it was intended. As with most things, however, there are always abuses, and you have occasionally had to grapple with a request for time off that you considered questionable. Today, youve received one of those requests. You operate two upscale restaurants, one in the financial district and one in the entertainment district. Last week, you had to tell Cal, one of your experienced bartenders in the financial district location, that he would be moving from the happy hour to the lunch hour because you needed his experience there. Although Cal would now be the team leader on the day shift, he was angry about the change, insisting that it amounted to a pay reduction because no one has three-martini lunches anymore. He said hed only be serving soda and coffee, and tips on those drinks werent going to pay his rent. Even without drinks, lunchtime checks generally average $75 per table, so you assure Cal that once the five waitresses tip out (give a portion of their tips to the bartenders and table clearers), his pay should be the same. You reiterate that you really need him on days because the new crew is having trouble keeping up, even though they are just serving soda and coffee. But Cal announced his resignation. Before leaving at the end of his shift, however, he told you he had changed his mind. Today he came in late, with a doctors note saying he required a 12-week leave because of lower back pain. You know that lower back pain is an occupational hazard, and you know it is nearly impossible to prove or disprove the condition. Under Workers Comp lower back pain is considered a serious health condition, so you have to grant Cals request. Legally, you can ask that he get a second opinion, but you cant question a doctors recommendation for time off. Cal has requested 12 weeks and if he decides to come back after that, you have to keep his job for him. You are convinced, however, that he intends to quit when the 12 weeks are up. What are you going to do? Asking other employees to pick up the slack will create morale problems for both the day and evening shifts (they get testy enough when someone is on leave for a legitimate situation), but hiring a temporary replacement may not solve your problem. If you do hire a temp, you might find a great new employee whom youd have to let go in 12 weeks if Cal does come back. ANS For situations such as this, it is always best to be in contact with HR to figure out exactly
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