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Abuse of Sick Time Policy
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Abuse of Sick Time Policy
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Although not a "legal" question necessarily, I'm curious what standards some of you set for what constitutes too much use of sick time. My past experience is that more than 5-7% of scheduled work time
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Forums » Topic Forums » Legal Forum » Abuse of Sick Time Policy
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Abuse of Sick Time Policy
posted at 10/6/2005 5:02 AM EDT
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Posts: 32
First: 8/25/2005 Last: 8/29/2006 |
Although not a "legal" question necessarily, I'm curious what standards some of you set for what constitutes too much use of sick time. My past experience is that more than 5-7% of scheduled work time used as sick time is excessive. I'm not talking about FMLA issues here, just chronic abusers who take a day a month because they feel this is their due. Thanks for your comments! |
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Abuse of Sick Time Policy
posted at 10/6/2005 6:31 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Abuse of sick time comes in many forms. One day per month for 12 months is abuse. However being six twice for a week each is probably not.
Most employees average 3-6 days per year but I have never met an "average" employee. Look for Monday/Friday patterns as well and it would be good spell out what you consider abuse in your sick leave policy. |
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Abuse of Sick Time Policy
posted at 10/6/2005 8:11 AM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
I assume by abuse you mean excessive and not "misusing."
I have a general guideline for abuse/excessive: "An unreasonable number of absences over a significant period of time during which the employee's productivity/efficiency or the employer's operations have been impaired." I know that isn't too explicit. But it's a guide to start thinking of what factors and considerations you need to make to make the case of excessive or abusive number of absences, even if the absences are in fact "employer authorized for pay" or "valid" (without being legally protected such as by FMLA). I would approach it starting at what you allocate each year for paid time off benefits. The numerical aspect is considered in light of the amount of time the employee has been with the company - that's where the significant period of time comes into play. It will be different for each employee based upon the length of service of the employee. In short, you would consider a short term emplyee let's say 1 to 5 years to possibly have excessive absences when looking at less than a year to a year period, and you may very well seriously consider firing the employee (again assuming none of the absences are legally protected and that the employee has been put on notice -- with expectation set -- and informed of the consequences if expectations aren't met). On the other hand, you wouldn't take the same approach to a 20-year employee with a good attendance record who had a six month or a year period of a substantial number of absences . You certainly may notice th problem and discuss it with the emplyee to see if there is a problem that the employer could address, but you wouldn't at that point seriously consider firing the employee. Thus, if you allow carry over of paid time benefits from year to year, the "no-absence- problem-employee" will tend to accumulate hours and days on the books in perhaps hundreds of hours. Of course, allow for vacation time. The nature of the absences and the frequency of the absences may also come into consideration. Lots of sudden or emergent absences that aren't pre-approved should be responded sooner than perhaps an emplyee wh seeks prior apporval all the time. Of ocurse, if the work demand is such that the emplyee is needed to be at work, than the sueprivosr should be denying the request for time off. Finally and most importantly, is to show that there is a cumulative detrimental impact occurring to the job -- e.g., missed deadlines, lowered productivity -- because of those absences. That doesn't mean that something negative happens on every absence but that over th long haul you have documented enough instances ot show that more likely than not major problems are occurring when the employee is absent. I think this last point is important becuase it goes right to the heart of what the problem really is. If the emplyee is absent a lot but nothing is really happening, is the employee a problem employee, I think not -- or you have poor supervisors who don't document. |
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Abuse of Sick Time Policy
posted at 5/17/2011 6:42 PM EDT
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Posts: 2
First: 5/17/2011 Last: 5/18/2011 |
I have an employee that is out of sick time. He was told to bring in doctors note for his sick day. He brings in a Doctors note for a 10 day period. His sick day was in the middle of those 10 days noted on the doctors note. He had also worked his regular scheduled tour of duty that fell in the days of the Doctors note. The note was deemed not valid since his note did not state the actual day that he called off. When conferenced he had requested union representation. He also stated that he has a serious illness and may have to go into the hospital. He wants to know what he is to do since he has no time left.
This individual is still a 1 year probationary employee. He can be eligible for permanent status this fall 2011. What do you advise for this situation? |
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Abuse of Sick Time Policy
posted at 5/18/2011 4:26 PM EDT
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Posts: 2
First: 5/17/2011 Last: 5/18/2011 |
The HR Director was advised. He denied him his pay for the day becuse the doctors note was ruled by HR to be invalid as it did not state the actual day of his sick call. The employee requested union representation for his conference session. To Be Continued... |
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