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"Excessive" employee absences?
Benefits & Compensation
"Excessive" employee absences?
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
Can anyone refer me to CA labor laws or resources regarding what managers are allowed to do when an hourly employee uses so much sick time, and also uses lots of unpaid time when out sick, that she fa
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Forums » Topic Forums » Benefits & Compensation » "Excessive" employee absences?
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"Excessive" employee absences?
posted at 5/6/2009 9:15 AM EDT
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Posts: 9
First: 5/6/2009 Last: 9/16/2010 |
Can anyone refer me to CA labor laws or resources regarding what managers are allowed to do when an hourly employee uses so much sick time, and also uses lots of unpaid time when out sick, that she falls behind on her work duties? At this point, we've had to bring in temp help to catch up on work she hasn't done. What are we allowed to do here? |
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"Excessive" employee absences?
posted at 5/6/2009 9:49 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Is your company eligible for FMLA or the state-equivalent? Is she eligible for either? Does her medical situation qualify? If so, those would be the major laws that I would look at. If she has gone beyond the limits under those, does this condition meet ADA standards? Sometimes (rarely though) absences can be covered under ADA, however ADA is meant to protect disabled people so they CAN be working.
If not, I don't know of any other laws, outside a collective bargaining agreement with a union that would keep the employer from terminating for excessive absences. |
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"Excessive" employee absences?
posted at 5/6/2009 10:37 AM EDT
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Posts: 186
First: 4/23/2001 Last: 4/14/2010 |
In addition to the good advice from rrupert what absence policies do you have? It sounds like this person has exhausted paid absence leave and then has been granted additional unpaid time. Why? |
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"Excessive" employee absences?
posted at 6/24/2009 1:29 PM EDT
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Posts: 1
First: 6/24/2009 Last: 6/24/2009 |
all good responses.
assume this is sick time is verified and substantiated by a physician? know that sounds obvious but I have experienced that we sometimes skip the basics. In addition to the above, would also look at how your job descriptions are written. In many cases, an essential function may be that the incumbant has to be present at work to perform the job. this would give you a basis for addressing and taking disciplinary action. |
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"Excessive" employee absences?
posted at 6/25/2009 9:04 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Even if you "assume this is sick time is verified and substantiated by a physician", that still doesn't mean it complies or falls under FMLA or ADA. It might and the employer needs to either get certification for FMLA OR reasonably accommodate under ADA. A basic dr's note rarely rises to the documentation needed to prove either FMLA or ADA applicability.
But there are many times that unexcused absences, even due to sickness, don't fall under either. And if they do not, then yes, the employer can discipline, up to and including termination. |
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"Excessive" employee absences?
posted at 6/25/2009 9:33 AM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
We tied excessive absences to our leave banks under the theory that employees are required to use their leave banks until they reach zero in our company.
So one of two things happens. First, if an employee has to supplement the sick leave bank with vacation pay in order to received a full paycheck, they get on the disciplinary ladder. Each step is related to a single incident. So three days of leave supplement would be one event (assuming no FML protection). Or, if an employee does not get paid for a full 80 hours, for a full time employee - two week pay period - the EE is put on the disciplinary ladder. It eliminates guess work about the word excessive and promotes consistent treatment of all employees. |
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