Doctor Employment Lawyer Blog

CME reimbursement seems like it should be a simple, straightforward provision in Physician Employment Contracts. Strangely enough though, we regularly see issues related to a physician's use of time off for CME and/or reimbursements for the same.

Some practice groups limit the types of CME expenses that will be reimbursed. Another common issue is whether the time taken for CME should be deducted from a physician's vacation time.

CME is something that benefits both the employer and the physician. However, because it is also an opportunity for networking and professional development, many employers see CME as a benefit only to the physician. Therefore, they want to limit their responsibilities in connection with the same.

A doctor negotiating his/her employment agreement should be certain that he/she understands what will be reimbursed and how time off will be treated/calculated prior to accepting a position. Even these minor disputes can result in an uncomfortable working relationship and/or a protracted employment dispute.

Too many doctors trust that their so-called "standard agreement" addresses all of the issues promised during their negotiations. What they don't realize is that, most of the time, the physician with whom they are negotiating has no role in actually drafting the physician employment contract. The negotiations may very well be fair and thorough, but if the promises are not in writing, it is unlikely they will be enforceable.

This is primarily because nearly every physician employment agreement reviewed by my office contains what is generally known as an integration clause. An integration clause essentially says that all promises and obligations between the parties are addressed in the agreement; and, no oral statements or promises were relied upon when executing the agreement. In other words, if it is not in writing, it is not enforceable.

This becomes especially important when you relied upon oral promises about a certain call schedule, billing support or contract term that end up not being fulfilled. Even if your employer did not intend to misinform you, the written agreement will control.

There is nothing wrong with trusting the employer's word, while also asking them to confirm it in the written employment agreement. Things change. People leave. But the agreement will remain.