Incapacitated

Wsopgal

Active member
Can anyone please tell me where I can find something that says a doctors note for being sick and calling out MUST say I was INCAPACITATED? The word incapacitated apparently has to be included or I don't get paid my sick leave.

They already ripped me off 8 days on my Christmas paycheck and ruined my kids christmas. 😫
 

Bud Budderly

Well-known member
Unfortunately, I don't think there's anything in writing that prevents them from requiring your medical documentation contain some indication that you were incapacitated. Under HIPAA, they can ask you for a doctor’s note if they need the information for sick leave, workers’ compensation, etc. What they can't do is ask your health care provider directly for information about you since your provider cannot give them the information without your authorization.

Generally, the HIPAA Privacy Rule applies only to the disclosures made by your health care provider, not the questions your employer may ask.
 
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RDruckus

Well-known member
It seems being at the doctor's office and being at the post office at the same time is impossible, thus you are incapacitated. :rolleyes:

When I see the dentist or eye doc, I walk in there and walk out.
They are legitimate reasons to use sick leave, but am I "incapacitated?"

These bozos are jerking you around, and they are so pretty, they're happy to make your children miserable. SHAME.
Harassment, hostile work environment?
Do you have decent union reps? Jump forward, call the DR.

You deserve better.

If you can transfer, I would.
You don't need to be hassled and baited for doing an excellent job by some impotent supervisor.
It's easy for subs to transfer, but not regulars, or I would have transferred out of my hell hole years ago.

Many of the subs in a neighboring office are now happy and appreciated.
They tell me how great it is when I run into them around town.
There is a post by @blondie in the Off Topic threads about this very thing.

If you can't transfer out, keep a log on this idiot, like I am.
Dates, witnesses, times, a few quotation marks.
My idiot supervisor saw my log when we met with the postal inspector about my stalker.
It shows what he did to put me in danger.

He's still short sighted enough to pull retaliatory stuff with me.
I continue to document his actions, and instead of a chore, it's satisfying, knowing I'm doing it with a purpose.
 

Wsopgal

Active member
So if my doctors note says I was under their care on xxxx dates due to whatever the problem was....the supervisor can reject it and refuse me my sick leave because the word "incapacitated" wasn't in there?
 

Bud Budderly

Well-known member
So if my doctors note says I was under their care on xxxx dates due to whatever the problem was....the supervisor can reject it and refuse me my sick leave because the word "incapacitated" wasn't in there?
No it doesn't have to contain the word "incapacitated" it just should somehow indicate that you were unable to perform your normal duties during the absence. See the bolded text below under ELM 513.364. I agree with RDruckus that they are jerking you around with semantics though. If they were to reject your request for sick leave based on your documentation not containing the word "incapacitated" I think you could easily grieve that and get it changed from AL, LWOP or AWOL to SL instead.

ELM 513.361 Three Days or Less
For periods of absence of 3 days or less, supervisors may accept the employee’s statement explaining the absence. Medical documentation or other acceptable evidence of incapacity for work or need to care for a family member is required only when the employee is on restricted sick leave (see 513.39) or when the supervisor deems documentation desirable for the protection of the interests of the Postal Service. Substantiation of the family relationship must be provided if requested.

ELM 513.362 Over Three Days
For absences in excess of 3 days, employees are required to submit medical documentation or other acceptable evidence of incapacity for work or of need to care for a family member and, if requested, substantiation of the family relationship.

ELM 513.364 Medical Documentation or Other Acceptable Evidence
When employees are required to submit medical documentation, such documentation should be furnished by the employee’s attending physician or other attending practitioner who is performing within the scope of his or her practice. The documentation should provide an explanation of the nature of the employee’s illness or injury sufficient to indicate to management that the employee was (or will be) unable to perform his or her normal duties for the period of absence. Normally, medical statements such as “under my care” or “received treatment” are not acceptable evidence of incapacitation to perform duties.

Supervisors may accept substantiation other than medical documentation if they believe it supports approval of the sick leave request.

ELM 513.365 Failure to Furnish Required Documentation
If acceptable substantiation of incapacitation is not furnished, the absence may be charged to annual leave, LWOP, or AWOL.
 
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DB.Cooper

Well-known member
Can anyone please tell me where I can find something that says a doctors note for being sick and calling out MUST say I was INCAPACITATED? The word incapacitated apparently has to be included or I don't get paid my sick leave.

They already ripped me off 8 days on my Christmas paycheck and ruined my kids christmas. 😫
Can you go back to the doctor 's office, explain the problem, and get a revised note??? :unsure:
 

btdtret

Well-known member
Wsopgal -- "So if my doctors note says I was under their care on xxxx dates due to whatever the problem was....the supervisor can reject it and refuse me my sick leave because the word "incapacitated" wasn't in there? "

-- To expand on "Bud Budderly's" posting of "Supervisors may accept substantiation other than medical documentation if they believe it supports approval of the sick leave request."

- Next time come back to work early and stand close to the supervisor's desk to "discuss" whatever comes up or out when feeling queasy.

- Be sure to ask if "that" is sufficient substantiation!
 

Wsopgal

Active member

They are trying to tell me that somewhere in this sick leave part of manual it states it must say 'incapacitated'.

Can someone please look at this and let me know if or where it States that? I can't find it. I am hiring a lawyer and want to be on the side of right here. So frustrating. Gonna change my name to Lil Bit Frustrated
 

Wilco183

Well-known member

They are trying to tell me that somewhere in this sick leave part of manual it states it must say 'incapacitated'.

Can someone please look at this and let me know if or where it States that? I can't find it. I am hiring a lawyer and want to be on the side of right here. So frustrating. Gonna change my name to Lil Bit Frustrated
The use of the word "incapacitated" is not required. An explanation of the nature of illness/injury rendering one unable to perform work duties is though.
513.364 Medical Documentation or Other Acceptable Evidence
When employees are required to submit medical documentation, such documentation should be furnished by the employee’s attending physician or other attending practitioner who is performing within the scope of his or her practice. The documentation should provide an explanation of the nature of the employee’s illness or injury sufficient to indicate to management that the employee was (or will be) unable to perform his or her normal duties for the period of absence. Normally, medical statements such as “under my care” or “received treatment” are not acceptable evidence of incapacitation to perform duties.

Supervisors may accept substantiation other than medical documentation if they believe it supports approval of the sick leave request.

513.365 Failure to Furnish Required Documentation
If acceptable substantiation of incapacitation is not furnished, the absence may be charged to annual leave, LWOP, or AWOL
 

Wsopgal

Active member
It does not mention that term. Your Stuipvisors brain is incapacitated.

Have them show you the wording they are requiring.
The ripped me off $
It seems being at the doctor's office and being at the post office at the same time is impossible, thus you are incapacitated. :rolleyes:

When I see the dentist or eye doc, I walk in there and walk out.
They are legitimate reasons to use sick leave, but am I "incapacitated?"

These bozos are jerking you around, and they are so pretty, they're happy to make your children miserable. SHAME.
Harassment, hostile work environment?
Do you have decent union reps? Jump forward, call the DR.

You deserve better.

If you can transfer, I would.
You don't need to be hassled and baited for doing an excellent job by some impotent supervisor.
It's easy for subs to transfer, but not regulars, or I would have transferred out of my hell hole years ago.

Many of the subs in a neighboring office are now happy and appreciated.
They tell me how great it is when I run into them around town.
There is a post by @blondie in the Off Topic threads about this very thing.

If you can't transfer out, keep a log on this idiot, like I am.
Dates, witnesses, times, a few quotation marks.
My idiot supervisor saw my log when we met with the postal inspector about my stalker.
It shows what he did to put me in danger.

He's still short sighted enough to pull retaliatory stuff with me.
I continue to document his actions, and instead of a chore, it's satisfying, knowing I'm doing it with a purpose.
I see a lawsuit in your future . Be safe.
 
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