FAQs On Employee Discipline

Q.  Can we discipline a healthcare employee who is not involved in direct patient care and refuses to come to work because the employee has a generalized fear due to an Ebola patient who is being treated in the hospital?

A.   Yes. An employee's duty to report to work on time and ready to perform his or her job duties is not excused based on a generalized fear of safety solely because an Ebola patient is being treated by the employer. The employee is not responsible for direct care of the Ebola patient and the presence of an Ebola patient does not change the healthcare employer's normal attendance policies. The employee may utilize  any  discretionary leave subject to the normal leave policies. If the employee refuses to report to work, then the standard attendance policies that typically include progressive discipline should be followed. The same would remain true even if the employee has reported a perceived OSHA claim through internal or external complaint