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"Excessive" employee absences
Benefits & Compensation
"Excessive" employee absences
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Hi there,
We have several employees in our department who are consistently out sick for several days at a time. They have used all their accrued sick time and now go unpaid when they are out sick..
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Forums » Topic Forums » Benefits & Compensation » "Excessive" employee absences
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"Excessive" employee absences
posted at 12/18/2009 7:35 AM EST
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Posts: 9
First: 5/6/2009 Last: 9/16/2010 |
Hi there,
We have several employees in our department who are consistently out sick for several days at a time. They have used all their accrued sick time and now go unpaid when they are out sick...but their consistent absences are negatively affecting our department's productivity. We are in California, so I know regs are tilted heavily in favor of employees. As the manager in charge of getting the work done, what are my legal options here? Thanks so much. |
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"Excessive" employee absences
posted at 12/18/2009 7:49 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
I am certain you have an attendance policy of some sort as well as a defined disciplinary process. I would simply begin the counseling process with them. If you have an HR representative to partner with I would start with them. |
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"Excessive" employee absences
posted at 12/18/2009 8:31 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agree with HRPro, but make sure that you have considered any possible laws that their absences might fall under -- FMLA, CFRA, ADA, etc. "sick several days in a row" could be found under several of these if you are large enough to fall under their perview. |
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"Excessive" employee absences
posted at 1/6/2010 8:21 AM EST
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Posts: 1
First: 1/6/2010 Last: 1/6/2010 |
And, if you have an EAP, bring them into the picture and work with them to assure that you offer the employee access to help for whatever is driving the excessive absences. They can also coach you on how to make an informal, a formal or a firm choice referral (all dependent on your policies and what actions you have taken to this point). |
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"Excessive" employee absences
posted at 1/6/2010 9:23 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
EDD is not necessarily employee oriented in cases involving termination for cause. If you can show that you warned the employees about the absences, gave them clear written (and preferably signed by the employee) warnings that a) summarize their absentee history over the past 6 or 12 months, b) specificly state a standard rate of absenteeism that must be maintained, and c) clearly outlines that further disciplinary action will result for absenteeism which may include termination, then you should be OK with EDD.
Absenteeism is one of the easiest disciplinary processes to apply and defend for UI benefits in California if its done properly. And would also observe that once you give these employees a written warning, you might find the absenteeism drop significantly without any referral to an EAP. |
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