Conference 7.286::digital

>    According to policy I have read, there is no "RULE"
>    regarding your disability and time out. GUIDELINES exist,
>    but I believe guidelines are just that, if I am not mistaken.

I offer the following recent addition to Personnel Policies and Procedures (the
Orange Book) in the hope that it might bring new enlightenment to you:
				/AHM

"
 Policy Philosophy                                    Effective: 01-DEC-90
                                                      Section: 1.01
...
 | Digital policies are management guidelines for the implementation of
 | Digital's Employee Relations philosophy.  These policies are subject
 | to change without notice as they reflect our values and changing
 | business needs.  AS SUCH, DIGITAL'S PERSONNEL POLICIES ARE NOT
 | CONTRACTS OR GUARANTEES OF ANY PARTICULAR KIND OF TREATMENT OR
 | MANAGEMENT PROCESS.  Only the Executive Committee and members of the
 | Board of Directors are authorized to enter into such contracts.

 | The meaning, application, and interpretation of these policies are
 | reserved to Digital senior managers and the Personnel professionals,
 | and not to courts of law.  The Executive Committee and the Personnel
 | Management Committee believe that appropriate use of Company policy is
 | critical to the success of the Company, and encourage employees to use
 | the Open Door process (Personnel Policy 6.02) to address issues of
 | concern.
"

    The first thing I do when told I have broken a rule is to ask to
    see the rule in hard copy. 
    
    In this case I would have the person talk to her manager. Managers
    can and should get involved in cases like this. 
    
    			Alfred

    re:.1
    
    Thank you for your "enlightening". I am aware of this policy. 
    
    However, areas regarding medical problems are also governed
    by state and federal laws. Digital cannot change these laws, 
    and must abide by them. 
     
    The medical decisions made in this manner have the potential to 
    cause great damage, should they make an incorrect decision 
    regarding someone's health. 
    
    Some things are indeed, forbidden. 
    
    

    I suggest that your friend do the following:
    
    (1) Have their physician contact the company physician.
    
    (2) Contact an attorney to get an explanation of their legal rights.
    
    (3) Discuss with their own physician whether the company physician's
        behavior is far enough out of line to warrant filing a complaint
        with the state medical licensing board.

    It's been a week since the base note was entered -- any update?
    
    If it helps any, not *all* Health Services departents operate like this. 
    I recently returned from a disability which extended several weeks
    beyond guideline.  The DEC doctor talked with me about the disability
    and readily agreed with my own doctor's return-to-work diagnosis. 
    Plus, Health Services people gave me the straight scoop about
    guidelines and Personnel gave me straight answers about the STD
    policies.  One thing that was explained to me was, if the DEC doctor
    didn't agree with my own doctor's diagnosis, I would have a right to a
    third opinion.  The only hassle I had was when the DEC doctor couldn't
    meet with me before the period in which my disability was 'guidelined'
    to end; I was originally told I could lose pay for the interim period
    (the time between the guideline 'end' and the DEC doctor appointment),
    but pushed it and finally had it resolved.  I tend to think that
    situations as described in .0 (and in that one problem with my STD) are
    more a result of Health Services' or Personnel's ignorance to the
    policies than any kind of intentional harrassment.  Or at least I'd
    like to believe that.  Fortunately for me, the people with whom I
    worked (Health Services, the DEC Doctor and Personnel) were all
    sympathetic and tried to do The Right Thing.

    
    Update: The person's doctor has taken care of any "misconceptions"
    regarding their legitimate disability. Fortunately, the doctor is very
    familiar with how Digital operates and resolved these issues
    quickly. The issue remaining though, is this any way to treat 
    people? Doctors and nurses that put forth subtle threats and 
    "misconstrued" information become a potential liability for Digital - 
    their actions could cost the company money and embarassment. 
    
    I still find it difficult to believe people in these positions are
    not clear on policies and procedures - telling someone they
    can lose their benefits, without qualifying the circumstances of 
    HOW and WHY is irresponsible and medically unethical. 
    
    IN .5 it was pointed out the person could have gone without 
    pay because Digital's doctor couldn't fit the person in under 
    the guideline. That is ridiculous - that is Digital's problem, 
    not the employee's. How could a person have control over that? 
    If the person's own personal doctor was lax in filling out needed form, 
    I could then see the potential of not getting pay - that becomes the 
    employee's responsibility at that point. But to threaten no pay
    because Digital does not have time to carry out it's own policies?
    One could almost laugh at that! 
    
    Unfortunately, many places in the company do not deliver/interpret 
    policy in a consistent manner. And much to my sadness, I have 
    seen the policy used as a weapon to threaten individuals.