Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question. Yes, actually, an employer, or the WC insurance carrier, can check on the employee by contacting them in person or observing them from afar to ensure that they are complying with the doctors restrictions. This is not an uncommon practice by WC carriers who are checking for fraud. As for employers, it is more unusual, but if they suspect that the employee is not complying with restrictions, whatever they are, they could follow up by their own observation.
All that said, if the employee believes that they are being actually harassed for taking time off under doctors orders, and they are following those orders, they could file a grievance with their union or speak to their WC attorney.
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