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Use of Sick Leave
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Use of Sick Leave
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Okay we have an employee that calles in about 5 to 6 times a month. Her supervisor wants to dicipline for excessive use of sick leave, but here is the catch, she still have sick leve on the book
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Forums » Topic Forums » Legal Forum » Use of Sick Leave
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Use of Sick Leave
posted at 9/22/2011 3:48 PM EDT
on Workforce Management
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Posts: 2
First: 9/22/2011 Last: 11/29/2011 |
Okay we have an employee that calles in about 5 to 6 times a month. Her supervisor wants to dicipline for excessive use of sick leave, but here is the catch, she still have sick leve on the books to use? Any thoughts or ideas? |
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Re: Use of Sick Leave
posted at 9/23/2011 2:36 PM EDT
on Workforce Management
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Posts: 127
First: 9/21/2011 Last: 11/12/2012 |
If it is possible that it is always for the same condition, it might fall under FMLA if both the company and employee are eligible. I would start by sending her the FMLA documentation for her dr to fill out. If it does not, you might be opening ADA discussions if her reasoning is due to an unknown (to you) disability. One suggestion is to require a doctor's note if it does not fall under a previous FMLA certification. Even if an employee has PTO or paid sick time, it is still up to the employer to approve the usage. It doesn't give the employee free reign to not show up as needed or for job performance to suffer (barring FMLA/ADA situations). Is there a pattern on when it occurs (always mondays or always fridays or always around holidays, etc)? |
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Re: Use of Sick Leave
posted at 9/6/2012 1:25 PM EDT
on Workforce Management
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Posts: 4
First: 5/18/2012 Last: 9/6/2012 |
I agree with rrupert. Your sick day policy should state that the number of sick days provided does not indicate an acceptable standard of attendance. We recently modified our attendance policy to eliminate 'occurrences' and instead focus on the impact of attendance on the job performance. Regular attendance is more critical for some jobs than others (ex. call centers vs. sr. professional levels). This way you aren't tying your hands to set one standard of attendance for all which generally isn't followed consistently by managers anyway. Just focus on job performance. If someone is out 5 to 6 days a month it must be having an adverse affect on their performance. But be sure to check to ensure absences aren't related to FMLA condition or require ADA accommodation. |
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Re: Use of Sick Leave
posted at 9/6/2012 3:31 PM EDT
on Workforce Management
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Posts: 148
First: 9/20/2011 Last: 12/12/2012 |
In Response to Use of Sick Leave: Okay we have an employee that calles in about 5 to 6 times a month. Her supervisor wants to dicipline for excessive use of sick leave, but here is the catch, she still have sick leve on the books to use? Any thoughts or ideas? Posted by Wdutch Just because someone has days in the sick leave bank does not give them any employment rights or insulation from discipline. Many sick leave programs define abuse and the amount of use you are describing is clearly excessive. Most employees normally do not have more than 6 sick days in year unless there is a very specific accident or medical issue. If your policy does not define abuse you should modify it. Regardless the supervisor needs to sit down with the employee and discuss the fact that it appears they are abusing the policy. In addition you should audit all staff so see if others have been or are doing something similar so that you can be consistant across the board. I am assuming there is no CBA in place for this person. |
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Re: Use of Sick Leave
posted at 9/13/2012 10:07 AM EDT
on Workforce Management
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Posts: 1
First: 9/13/2012 Last: 9/13/2012 |
Is there a pattern to when she calls out? What is your policy for taking sick time? Is it possibly an FMLA or ADA issue? If your policies allow you to (and your not violating any FMLA or ADA) you can write up a warning letter stating that you feel the absences are excessive and are affecting job performance. You can state that from now on a Dr.'s note must be brought in for each absence. Before doing any write up at all, ensure all employees are being treated the same... past or present sick leave patterns from other employees, that way a grievance or EEO filing will not come in to play. AGAIN, ALL EMPLOYEES MUST BE TREATED THE SAME. Start with a verbal warning then a reprimand or written warning, It can look something like this: 1. In reviewing your past applications for sick leave, it appears in some instances you have abused your sick leave privilege. Your leave record shows that in most cases your sick leave has been taken in intervals of from one to three days, which did not necessitate medical certification. From personal observations and reports from various sources,I am of the opinion that in many instances your sick leave was abused. On (date) this matter was discussed with you. You were advised orally on (date) that consideration was being given to requiring medical certification for each such absence since the abuse of sick leave was indicated. 2. Your sick leave record has not improved. Consequently, it has been determined that in accordance with the references,_________ your future applications for sick leave must be supported by medical certification regardless of the length of such absence. Failure to provide medical certification for any absence because of illness may result in disciplinary action based on unauthorized absence. |
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