Dear Bureau Pat,

I've been sick several times this month and my supervisor is asking for a doctor's note. I feel like I'm being punished.  What makes my supervisor think he can do this?

Dear Sicko,

From your question, I can't tell if your supervisor is out of line or if you might be abusing sick leave to combat a recurring case of the "Mondays." 

The first thing that may surprise you is that you do not have the right to take sick leave whenever you feel like it.  Whether you are an employee in the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS), sick leave may be granted by the supervisor for absences for illness, injury, medical or psychological appointments and/or treatment, adoption of a child, or certain circumstances involving contagious diseases in accordance with applicable laws and/or regulations.  Additionally, sick leave also may be applied and granted for purposes set forth in the Family and Medical Leave Act and for Sick Leave for Family Care.

While we don't plan for illness, most supervisors are understanding and will grant your leave when you call in with the hoarse voice, cough and wheeze.  After all, it is in the best interest of the organization to keep you home so you get better and don't infect the rest of us with the flu, cold or ailment of the week.

Most employees don't abuse sick leave, but conventional wisdom says the abuse that does happen is more prevalent from federal employees in FERS versus CSRS.  This stems from the fact that employees in CSRS can cash in their all their accumulated sick leave at retirement, which can be a significant lump sum for a down payment on a retirement boat, motor cycle, sports car or Florida home.  Employees in FERS receive no such payment and have no such incentive to avoid using sick leave.

We all know sickness is part of the human experience, but even the most naïve supervisor will eventually wise up if you are "sick" every time there is a 3-day weekend or after wild nights out.

So, the answer to your question is... yes, your supervisor can ask for a doctor's note when the supervisor has reasonable grounds to suspect sick leave abuse. 

You may be required to provide your supervisor with medical certification:

• for an unscheduled absence in excess of three (3) consecutive workdays;
• for any use of sick leave if the individual is officially on leave restriction;
• for a chronic condition which does not necessarily require medical treatment although absence from work may be necessary. 

If you have previously furnished a medical certificate of the chronic condition, you may not be required to furnish a medical certificate on a continuing basis.  However, your supervisor may require reasonable updates to the medical certificate;

• to consider an individual's request for leave for medical reasons, including treatment and convalescence related to childbirth, and care for a spouse, son, daughter, parent, or legal ward with a serious health condition;
• to consider an individual's request for special consideration such as reassignment or other reasonable accommodation and there is a question as to the medical need for such accommodation; 
• to consider requests for advanced sick leave;
• to support requests for Sick Leave for Family Care
  

A good supervisor will notify the employee of the suspected sick leave abuse before taking further action.  Perhaps this is what your supervisor is attempting to do.

Additionally, the supervisor may notify you in writing, for a stated period not to exceed six (6) months for the first offense, that you are to be placed on sick leave restriction, and that requests for sick leave will not be approved unless supported by medical certification. 

Typically, individuals on leave restriction will be required to furnish medical certification upon return to duty, not later than three (3) business days from his/her return to work.

Ask to meet with your supervisor to clarify his/her concerns about your use of sick leave.  If after that meeting you feel that you are being unjustly monitored, meet with your local equal employment office (EEO) to discuss your options.

The Only,

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