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Reason for sick time used
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Reason for sick time used
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Company is asking for more "adaquate" information regarding the "Why" staff are using sick leave. Obviously the staff will use "dr. visit" for those times but typically put in "ill" if they are off du
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Forums » Topic Forums » Legal Forum » Reason for sick time used
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Reason for sick time used
posted at 4/3/2012 3:18 PM EDT
on Workforce Management
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Posts: 1
First: 4/3/2012 Last: 4/3/2012 |
Company is asking for more "adaquate" information regarding the "Why" staff are using sick leave. Obviously the staff will use "dr. visit" for those times but typically put in "ill" if they are off due to flue, virus, not feeling well, etc. Company wants more info. How much info should the company get? I can understand if the company is concerned about FMLA issues, but what about issues that you just want to keep private? Other than just lie and give an excuse. |
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Re: Reason for sick time used
posted at 4/3/2012 6:39 PM EDT
on Workforce Management
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Posts: 144
First: 9/21/2011 Last: 2/8/2013 |
Unless protected under FMLA as a serious medical condition or under ADA as a disability, the employer can ask just about anything. Even under those two laws, the employer can ask for information to know whether the laws apply and ask for periodic follow up documentation. Part of the problem is that it is the employer's responsibility to tag time as FMLA. Therefore if an employee is out 3 consecutive days, the employer has to know the reasons for FMLA purposes. So they have to request the info. The employee can choose to not provide it, but then they lose any protection that FMLA would have given them. And even then if an employee is out sporadically for the same condition, it could be FMLA. There's a lot of responsibiltiy on the employer's part. Unfortunately the FMLA protection comes with a loss of privacy. But you used the word "should". That's a hard line to draw in the sand. And a doctor's note really holds no real value except to prove that the employee went to the doctor. And even that is expensive many times, so I would hate to require it unless it was a fit for duty issue. It's a judgement call that each employer has to make. I would suggest a consistent policy. And I would work with someone familiar with FMLA/ADA to come up with that policy. Ours actually just states that the employer "may require" more documentation. But you do have to be careful that employees aren't being discriminated because of a protected class....hence why it is good to have a consistent policy. Many of our employees don't meet the hours requirements for FMLA. But we allow timeoff for illness....but have found most can't afford to lose any more hours/wages than they must. |
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