Q: My lead veterinary technician had a seizure in our clinic. Can she return to her job like nothing happened?
A: When an employee suffers a seizure or another medical incident while at work, many practice owners and managers aren’t sure what to do next. In general, leadership should focus on the well-being of the employee, the team, clients and patients.
In the case of a seizure, you have the right to assess the health and safety risks. As far as allowing the lead technician to return to work, you can do any or all of the following:
- Ask what a safe work environment would look like for her.
- Require her to submit a doctor’s note confirming her fitness to return to duty in the usual role or a modified one. The doctor must be aware of her role and responsibilities, especially if the work is risky.
- Mandate that she submit to a fit-for-duty physical examination in addition to or instead of a doctor’s note.
- Implement an action plan addressing on-the-job medical emergencies and train your team to react to hypothetical situations.
I recommend meeting with your technician to assess the risks of her return to regular duty. Explain that your practice wants to take the necessary steps to protect the employee, co-workers and the public in case the condition returns. Do not ask whether she is disabled by seizures or other ailments.
Here is a sample risk assessment regarding epilepsy. You may ask:
- How often do the seizures occur?
- Do they happen randomly or in a pattern?
- What happens when you have one?
- Does anything in particular trigger a seizure?
- How soon after a seizure can you continue with your work?
- Can you perform your job duties with or without reasonable accommodation?
- Can you demonstrate how you will perform the duties?
- Do you experience pre-seizure warnings?
- Can environmental factors, such as flashing lights, trigger your seizures?
- What should we do if you have a seizure at work?
- What can we do to create a safer work environment for you?
I also suggest team first aid training that includes, but isn’t limited to, seizures. Don’t reference a particular employee’s condition or share that information with staff members.
Q: Our recently hired veterinary assistant is often late to work. What can I do? Is termination the only option?
A: Consistently late employees can disrupt a practice’s workflow and damage the workplace culture. It’s always best to deal with these situations promptly and consistently before they get out of hand. The worst thing you can do is excuse one employee but discipline another for the same infraction.
I have found that reducing an employee’s pay for a while gets their attention. Team members don’t like working the same hours for less pay.
Here’s what you can say during a sit-down meeting with a chronically tardy employee:
“Over the past [period], we have observed a consistent pattern of poor attendance. Punctuality and regular attendance are critical to our team’s success and our company’s overall performance. Should your poor attendance continue, we will reduce your pay over the next pay period.”
If the behavior continues, I recommend this conversation:
“Despite our previous discussions and efforts to support your improvement, no significant positive change has occurred. In light of your continued challenges with attendance and performance, we find it necessary to adjust your compensation accordingly. Beginning on [date] and continuing for one payroll cycle, your salary will be adjusted to [new amount], reflecting a [percentage] reduction from your current rate.
“We understand there may be underlying reasons for your struggles, and we are committed to collaborating with you to address and overcome these challenges. We encourage you to take advantage of any resources or assistance that might help improve your attendance and performance.
“Please understand that this salary reduction is a serious measure, and we hope it serves as a catalyst for positive change. We are open to discussing your concerns and exploring potential solutions to improve your work performance. If you are facing specific challenges, we urge you to communicate them to us. Our goal is to support you in overcoming these challenges and help you succeed in your role, but we need drastic improvement immediately.”
Note that you cannot pay employees less than minimum wage. I recommend a temporary pay reduction that won’t prevent someone from paying their bills but is enough to get their attention.
If the employee’s attendance remains a problem and you want to terminate the person, the conversation would look like this:
“Despite our previous discussions and efforts to address this matter, there has been no improvement in your attendance. Your frequent late arrivals and absences have negatively impacted the productivity of your team and the company. We understand that unforeseen circumstances might arise, leading to occasional tardiness or absence. However, the consistent nature of your attendance issues has reached a point that is no longer sustainable for the organization. Accordingly, your final day of employment is today. We genuinely regret it has come to this point, and we wish you the best in your future endeavors.”
Q: My veterinary practice’s receptionist worked overtime without authorization. Our policy is not to pay unapproved overtime. What should I do?
A: The Fair Labor Standards Act requires all businesses to pay employees for their working hours, even if the time wasn’t approved in advance. You must pay any overtime (as defined by your state) at the required rate.
The first thing to do in your case is to update your clinic’s policy manual. A sample policy would state:
“Federal and state laws regulate the entitlement and calculation of overtime compensation. Only employees classified as non-exempt will be eligible to receive overtime compensation. Non-exempt employees will be paid 1½ times their regular hourly rate for all hours worked in excess of 40 per workweek. Only hours worked will count in the calculation of overtime. Hours not worked, such as holidays, PTO leave and any other time off with pay, will not be included in the computations.
“All overtime requests must include an explanation of why the overtime is necessary and must be approved by the practice owner prior to the hours being worked. Every effort should be made to avoid overtime unless the practice owner requires you to stay beyond the end of your work shift.
“Overtime worked without prior authorization from the practice owner may result in disciplinary action, up to and including possible termination from employment.”
Once you implement such a policy, you can meet with the employee and explain the rules. At that point, treat any unauthorized overtime as a performance issue — the same as if the employee forgot to clock in, arrived late or was in a sour mood in front of a client. Continuous violations of the policy should lead to termination.
LEARN MORE
Employers can find additional information about epilepsy in the workplace and the Americans with Disabilities Act at bit.ly/3UebZfy.