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how to handle
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
AS I'm sure you may have expected our employees are doing individual protests against company policy whenever they can. In particular, according to our handbook , and new hire orientation, each new hi
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how to handle
posted at 10/23/2009 6:30 AM EDT
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Posts: 188
First: 10/11/1999 Last: 5/5/2010 |
AS I'm sure you may have expected our employees are doing individual protests against company policy whenever they can. In particular, according to our handbook , and new hire orientation, each new hire is told among other things that should they be out for more than three days in succession due to illnes, we need a doctors note.Although this employee is not "new" he did email me that he is going to be out sick for three days. I advised him that we would need a physician's note for illness when he comes back. He refuses to go to the doctor. This is the one time, I actually agree with the company policy. Everywhere I have worked had the same requirement. He is exempt, so we couldn't deduct from his pay, although he has no more sick time left, he does have vacation time. I feel that the only thing we could do is write him up when he comes back.I feel badly because he was sick, but, on the other hand to me this is insubordination to flat out refuse to honor company policy. What are your thoughts please? |
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how to handle
posted at 10/23/2009 6:44 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
"He is exempt, so we couldn't deduct from his pay, although he has no more sick time left, he does have vacation time. "
Do you have a "bonafide sick plan"? Generally defined as at least 6 paid days off due to sickness (and paid vacation time can be used in that 6 day calculation too). Has he used them all? If so, then YES you can deduct for future sick days taken where there is no sick balance to pay from. That is one of the few deductions allowed. OR Force him to use/deduct the time from his vacation bank. There is nothing that states that this has to be normally paid wages and that you still have to allow him paid vacation days at another time. Also are you covered as an employer under FMLA? If he is out 3 days, you should send him all the paperwork to fill out for FMLA which requires a doctor's certification. Even if it doesn't get filled out, you can prove that the employer did what was required. If the employee doesn't return it, then the employer can refuse to count it as FMLA (and the employee loses that protection). I guess I would ask how he knows for sure UPFRONT that he is going to be sick for 3 days. Sounds like he is trying to game the system of timeoff without it being deducted from his vacation. Call his bluff. |
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how to handle
posted at 10/23/2009 5:19 PM EDT
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Posts: 188
First: 10/11/1999 Last: 5/5/2010 |
If I understand our policy correctly, if someone is out sick 1 day,
/> they /> need to use 1 of their personal days (or I guess a vacation day if /> they /> don't have any personal days left). /> /> So if they are out sick 3 days, and using personal days, why should we /> require a Drs note? When they run out of personal and vacation /> days, [I /> assume] they will not get paid for any further days off (sick or /> otherwise). /> /> In my past experience, sick days were not counted against personal or /> vacation days, so it made sense to me to require a Drs note to stem /> any /> abuse. But since a sick day here will reduce personal or vacation /> days I do /> not understand the need for a Drs note. /> This is the response I got from his supervisor. We can't even get the managers to back up our policies - help |
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how to handle
posted at 10/24/2009 4:03 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
You need to have this conversation with the Manager and explain the policy to him. Simply, "these are the company's policies, while other companies may do things differently we have chosen to do it this way." If the supervisor remains defiant they have a boss and for that matter so do you. |
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how to handle
posted at 10/26/2009 2:04 AM EDT
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Posts: 188
First: 10/11/1999 Last: 5/5/2010 |
You know, anywhere else the answer to this problem would be easy. One part of me wants to write the offender up that he is in breech of company policies.And indeed to also speak to the manager and let him know that he should be supporting the company policies regardless of what was done elsewhere. But, I am so afraid that someday someone is going to sue the day lights out of this company with provocation. That's when I feel as though I should just respond to the employee's email letting him know that he is refusing to abide by company policy and that this will go into his file and leave it be at that. Any thoughts? |
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how to handle
posted at 10/26/2009 3:02 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Even in the best of working environments HR cannot force non-HR staff to abide by/support company policy.
Your email should be going to the employee's manager because it's the manager who is screwing up here. |
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how to handle
posted at 10/26/2009 6:05 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
I agree - send the email to the manager and document that the manager was aware of company policy.
Sending an email to the employee is totally counterproductive. All you're doing is saying "bad employee!" but, with no consequences, you're making the policy a joke. This company will get sued one day. You should be documenting the hell out of every situation or not be around when the papers are served. |
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