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What Constitutes sick leave abuse?
Benefits & Compensation
What Constitutes sick leave abuse?
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
Let me preface this by saying, I am embarrassed to even be asking this question, but I am having a hard time convincing a director that an employee's behavior does not constitute abuse of sick leave;
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Forums » Topic Forums » Benefits & Compensation » What Constitutes sick leave abuse?
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Re: What Constitutes sick leave abuse?
posted at 4/24/2012 2:11 PM EDT
on Workforce Management
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Posts: 2
First: 4/24/2012 Last: 4/24/2012 |
Some thoughts: Have you had a discussion with the employee and let them know "your attendance has become a point of concern"-ask them-what is the cause of their not attending work as expected and what are they doing to resolve the problem? If that discussion hasn't taken place then all the policies and stats in the word are not going to resolve anything. The manager you are referring has to have a fair but straightforward discussion about attendance expectations otherwise the reason is speculation. If it *is* abuse then such a discussion puts them on notice that it has been observed and needs to end or there will be consequences. If it is *not* abuse but something going on in their life that is creating a difficulty in being at work when expected then a resolution to that problem needs to be found. Whether it is something they can resolve on their own or something that a company EAP may provide help for will only be known if a fair and reasonable discussion takes place. I have come across managers from time to time who never even had an open and reasonable discussion with the employee. Sometimes the problem can be quite quickly resolved and other times the real issue comes forward and decisions have to be made. You can have the stats, norms, practices and policies in the world and completely miss what is happening with the human you are discussing.
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Re: What Constitutes sick leave abuse?
posted at 4/24/2012 2:52 PM EDT
on Workforce Management
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Posts: 1
First: 4/24/2012 Last: 4/24/2012 |
Matthew - I don't know if you have access to CyberFeds or not but there is quite a bit of helpful information on what constitutes sick leave abuse. Here's a little snippet, but I would suggest checking CyberFeds out for more information if you can get access. "· Unscheduled sick leave use before and after weekends and holidays. · Unscheduled use before and after telework days. · Unscheduled use after paydays · Frequent unscheduled late arrivals and early departures from work. · Use in periods of tension at work or high workload. · Excessive unscheduled sick leave over short periods. " |
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Re: What Constitutes sick leave abuse?
posted at 4/25/2012 1:45 AM EDT
on Workforce Management
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Posts: 1
First: 4/25/2012 Last: 4/25/2012 |
I believe abuse does not necessarily have to be a pattern, as just one day can constitute abuse. For me, the definition would be the taking of sick leave for reasons not contemplated by legislation or company policy. Examples have been given above. By applying for sick leave, the individual is tacitly acknowledging that they are doing so in accordance with company policy. Anything outside of that must be abuse. Interestingly, when I worked for a health insurer, we analysed the patterns of people visiting their family doctor on various days of the week. Results? Monday was the highest, followed equally by Tuesday, Wednesday & Thursday. A significant drop for Friday, and then less on saturday and almost nothing on a Sunday. Surprizing, or what you imagined? Could it be that sick notes are "needed" on Mondays more than Fridays? Some employers (under local legislation) allow 1 or 2 days of work in a week without a sick note from a doctor. Taking these for the wrong reason (even if a note is not required) constitutes abuse. Ironically, the cost of the doctor visit, tests and medication often exceed the cost of the day's pay which we in HR are trying to avoid, but pay through health insurance premiums. Of course, we don't want people with infectious diseases coming to work when they shouldn't, so we should be cautious about how we implement either incentives or punitive measures when dealing with sick leave abuse. |
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Re: What Constitutes sick leave abuse?
posted at 4/25/2012 1:17 PM EDT
on Workforce Management
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Posts: 1
First: 4/25/2012 Last: 4/25/2012 |
I agree with some of the posts that it depends in your own policy. Personally, I also look at a pattern, same day of the week two to three incidents and I will be talking to that employee. Also, someone who is using most or all of their accruals (vac, sick, personal time) will raise serious questions. |
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Re: What Constitutes sick leave abuse?
posted at 4/25/2012 1:38 PM EDT
on Workforce Management
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Posts: 1
First: 4/25/2012 Last: 4/25/2012 |
We have a No Fault Attendance Policy with a points system that has worked very well in decreasing sick leave abuse and other attendance issues. When we do see a pattern of sick leave this is addressed with the employee and documented, and is once again reflected when the employee reaches one of the Warning point levels. You don't want to create an organization that is mandated with policy after policy where the employee feels like a prisoner. Our No Fault Attendance Policy is clearly written, is reviewed with employees on annual basis, and has made our Managers more comfortable with having conversations with employees regarding excessive or patterned absences. |
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Re: What Constitutes sick leave abuse?
posted at 4/25/2012 3:38 PM EDT
on Workforce Management
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Posts: 1
First: 4/25/2012 Last: 4/25/2012 |
Don't have a policy but would handle it the way you said you would. I would meet with the employee to make him/her aware that you are concerned with frequency of his/her sick leave pattern. I would specifically point out the effect this has on his/her performance as well as the productivity of the business/department. Ask how the company can help to mitigate the situation. Be ready to discuss reasonable accommodations for employees with disabilities and/or a referral to EAP (if you have one). |
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Re: What Constitutes sick leave abuse?
posted at 4/26/2012 1:38 PM EDT
on Workforce Management
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Posts: 1
First: 4/26/2012 Last: 4/26/2012 |
With regard to sick leave abuse, I'm thinking, isn't it more of having attendance issues? For me, when an employee misses more time, especially without notice, than is accrued, earned or awarded (under Sick, Personal or Vacation Leave), then the issue is attendance and not limited to Sick leave abuse. Poor attendance indicates lack of dependability, and when it's without pay, the employee is not putting in 40 hours worked or otherwise paid, but occupying a full time equivalent position. The conversation still has to happen to ascertain the "why", which could help prevent Disability or FMLA issues, but basically it's about needing the employee to demonstrate better attendance. I don't like to intrude and debate the excuse as good, bad or indifferent, especially when compared to other employees, it's just the fact of the unexcused absence being excessive when it exceeds what the employee has earned (outside of other protected absences). |
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Re: What Constitutes sick leave abuse?
posted at 4/27/2012 5:02 PM EDT
on Workforce Management
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Posts: 1
First: 4/27/2012 Last: 4/27/2012 |
A supervisor identifies an employee's use of sick leave as abuse when the absences have a demonstrable negative impact on the employee's performance. When you are able to justify discipline on the basis of an individual's not getting the job done because s/he isn't present enough to maintain a satisfactory level of performance of his or her job duties, then you have a case that has a chance of holding up under the scrutiny of an observer (or outside adjudicator if it gets to that). I'd say the pattern issue can either supplement the case you make in the above circumstance or it can stand alone if it is egregious enough that anyone looking at it can say, "Sure looks like this person is on a 3 day workweek, s/he's missed so many Mondays and Fridays!"
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Re: What Constitutes sick leave abuse?
posted at 5/4/2012 11:40 AM EDT
on Workforce Management
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Posts: 14
First: 10/31/2011 Last: 5/30/2012 |
In Response to Re: What Constitutes sick leave abuse?: I guess ewilliams4 has never heard on online fraudulent doctor's notes that can be bought at a very low price! Posted by rrupert Not only fraudulent notes....but what I have heard to referred around here as the "Doc in a Box". |
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