Automotive supplier cracks down on absenteeism (Delphi wants access to medical records)

MLive.com ^ | May 11, 2005 | The Associated Press

[wmichgrad]

TROY, Mich. (AP) — Delphi Corp., intent on containing costs in tough times, is cracking down on absenteeism by threatening to withhold pay or vacation days from hourly employees who refuse to sign waivers releasing their medical records.

The Troy-based automotive supplier had had a less formal policy asking workers to sign medical record releases. In April, however, Delphi revised the waiver form to give employees fewer choices over what records are released and by more aggressively investigating absences it considers suspicious.

"If the employee will not sign the `consent to release medical information' form, management will have to make its decision as to the reasonability of the cause for absence with the limited information it has at its disposal," according to a memo outlining the policy provided to The Detroit News.

Signing the waivers is optional for Delphi's 34,000 U.S. employees covered by the policy, and workers can limit the information that is released, company spokeswoman Luce Rubio said. But workers who withhold access to their medical records may face repercussions, she said.

"If Delphi is unable to identify that the absence is medically necessary, it may be treated as unexcused and they may be charged with vacation time," Rubio said.

The company negotiated the waiver policy with the United Auto Workers union, Rubio said. But Gregg Shotwell, a member of UAW Local 2151 which represents workers at a Delphi plant in Coopersville near Grand Rapids, said he was concerned that the policy could encourage Delphi to "push it as far as they can" and take even more invasive measures.

Delphi is about $4 billion in debt and is likely to report large losses in 2005, Standard & Poor's Ratings Services said last month in lowering the company's credit rating further into "junk" status. Delphi has struggled because of high steel prices and production cuts at General Motors Corp., from which it was spun off in 1999.

On the Net:

Delphi Corp., http://www.delphi.com

Information from: The Detroit News, http://www.detnews.com

[Racehorse]

"If the employee will not sign the `consent to release medical information' form, management will have to make its decision as to the reasonability of the cause for absence with the limited information it has at its disposal,"

Why not just ask Mommy to write a note . . .?

[muawiyah]

Well, Mommy, or whoever. Seems to me that if you never miss work this particular company policy won't affect you at all.

Looks like it's directed at absentees.

No wonder the Union ended up on the company's side in the issue ~ folks who don't go to work end up not paying union dues.

[ARCADIA]

There is nothing like encouraging people to go to work so they can help the spread of influenza, the common cold, and other maladies. Within a few month they will have even lower attendance, while incurring higher medical costs. What a winning solution! Its time to stick a fork in this company. It's management is showing itself to between inept and pathetic.

[muawiyah]

Doesn't matter. Besides, you know what's going on here.

[bvw]

Any policy that discourages individual responsibility is a ruination. They only differ in rate of ruining.

This policy does so discourage. It is irresponsible for an employer to act like a parent. It turns employees into children. Good business is adult to adult.

[Trust but Verify]

BS. You cannot believe the abuse of sick pay and FMLA. You simply cannot believe it. My s-i-l manages a group of service reps who make 50K/year have the best benefit package available anywhere, and can't manage to get to work on time, if at all.

By the end of February, all have used their vacation allotment for the YEAR. (This is a minumum of 3 weeks including personal days and often 4-5 weeks) They then start taking sick days, and signing up for FMLA for some made-up condition.

How do you run a busness like that? They can't fire these people unless they can prove fraud. How do you get that type of information? You hire investigators and dig into their 'private' lives. What else do you expect a company to do? What would you do if it were YOUR company?

[Trust but Verify]

What do you suggest the company do?

[Skooz]

The company negotiated the waiver policy with the United Auto Workers union,

Well, the UAW really dropped the ball on this one.

[bvw]

The rule I said above is a hard rule. There are no exceptions to it.

How does a company deal with workers who belong to a union? That depends on so many things -- the history, the locality, the business, the workers and managment themselves. There can be a lot of reactionary dynamics from nearby unions and culture not directly in the employer and worker's union.

I can give no specific suggestion to the company -- short of a general suggestion to get smarter -- this nanny-policy is dumb and counter-productive for reason mentioned.

[Woodstock]

The company negotiated the waiver policy with the United Auto Workers union,

"Well, the UAW really dropped the ball on this one."

I have to agree with you. I work in health care and have expert experience with patient confidentiality, HIPAA, union negotiations, medical claims and employee benefits. Employers have NO right to access employee (and their family member) medical records. They should enforce their existing policies for approved absences. There is no need to request medical records which are filled with personal details that are not relevant to what is an excused medical absence. The union really screwed this up. If I had chronic jock itch, as well as some other medical condition, would I want my benefit clerk at work to know about it?,

[Trust but Verify]

I think this article does not go far enough to explain what other measures the company has tried in order to get people to SHOW UP AT THEIR JOBS. If I was the business owner, I'd fire them for being in violation of company policies and deal with the union later. Perhaps this has been tried, we don't have enough information. I just know that absenteeism and misuse of FMLA laws is a huge problem for companies. Worker productivity can grind to a halt.

[ARCADIA]

My s-i-l manages a group of service reps who make 50K/year have the best benefit package available anywhere, and can't manage to get to work on time, if at all.

Have you managed to get them to leave work on time, or to stay home on weekends?

Professional workers are usually measured on output; assembly line workers are measured on the clock, and we unfortunately do not have many of those left. The sick day problems I usually run into are on the opposite extreme; I can't get highly competitive workers to take sick days or vacation days. We have to keep encouraging people to consume their vacation time, or simply take off when they are sick. Someone sitting at their desk with a head cold is not going to produce the kind of quality you want. It is often better to get them recharged and rested for the next big push.

You cannot believe the abuse of sick pay and FMLA.

Perhaps I am just a bit old fashioned, but wouldn't pregnancy be sort of an obvious condition. What are they doing; going on leave without filing for insurance coverage? It sounds like your gripe would be better addressed by changing FMLA then by going after employee medical records.

Competition and reward is the best way to fix all of these problems. If you can't get that past your union, then it doesn't much matter whether you have the worker's body physically there or not.

[Trust but Verify]

Would your chronic jock itch keep you from going to work? How about some Micatin?

People who do not deal with this problem do not understand how completely frustrating and EXPENSIVE it is to companies, especially when you have unions protecting these deadbeat employees. I would wager other measures short of this have been tried with no success.

[jaydubya2]

I read their absentism rate is over 10%. I can't blame the company for wanting to crack down on them. But is this the correct way?

[Lazamataz]

There is nothing like encouraging people to go to work so they can help the spread of influenza, the common cold, and other maladies. Within a few month they will have even lower attendance, while incurring higher medical cost.

Incorrect. That's not what they are asking. If you are sick, stay home. Just let's see some proof, is all.

[Trust but Verify]

They have INCENTIVES to get them to show up, and they still don't show up. This is how ridiculous it has gotten: If everyone gets there, on time, and STAYS THE WHOLE DAY, for 1 week, they get to have a pizza party or catered lunch or something. That's BS. Their reward for showing up is a PAYCHECK and an unrivaled benefits package.

They have people who LIE about relatives dying to get paid funeral days. They get a quack to write an order for FMLA for some a back problem, but then are seen at clubs, dancing and drinking.

[Skooz]

Would your chronic jock itch keep you from going to work?

It might. Then again, I might go to the doctor to get treated for chronic hemorrhoids or some other embarrasing malady.

Just because the employer is incompetent and cannot motivate its workers is no excuse for it to have access to a person's private medical files. Those files are to be between a person and his/her doctor. Period.

[OKSooner]

"If the employee will not sign the `consent to release medical information' form, management will have to make its decision as to the reasonability of the cause for absence with the limited information it has at its disposal,"

YOU VILL SIGN ZE PAPERS!

[Trust but Verify]

I don't know, but it seems to me the must have tried other means to deal with it that didn't work. I don't think this should be dismissed out-of-hand. If you have LEGITIMATE health problems, just a peek at your medical records would substantiate them and you could be removed from further suspicions.