Sick Leave Abuse And Discipline Questions And Answers

Cold and flu season is going full tilt. But what are you able to do when you suspect a worker is abusing your sick leave policy?

Q : We have a worker who continually is taking time off for doctor’s appointments, calling in sick, and leaving early. These absences are extremely damaging to our office, but we are anxious that he might be protected under the FMLA or ADA. Can we discipline him for what we believe to be excessive absenteeism?

A : As a general rule, if an employee’s absences are in excess of your stated policy ( for instance, the employee has taken more paid days off than supplied by your policy ), you likely can take whatever disciplinary action you’re feeling is appropriate. But , before taking any action, you need to decide whether you have any needs under the Family and Medical Leave Act ( FMLA ) or the Americans with disabilities Act ( ADA ).

Most employers outline exaggerated absenteeism as absences above what you permit by policy ( free Attendance and Punctuality policy ). Therefore, authorized absences that are taken according to your absence and leave policies aren’t considered excessive. Therefore if the employee’s absences are covered by your paid time off policies, you should permit them. Note, though, that just because a worker has a doctor’s note to excuse an absence, you may still consider the absence over the top if the worker has used all the days permitted by your policies.

However , you may have to disregard absences required for reasons covered by the FMLA and the ADA when resolving whether an absence is over the top and discipline is known as for. Both the FMLA and the ADA limit your right to discipline or discharge for absenteeism. But coverage under these laws is by no means automatic, and you have to analyze every circumstance on its own merits.

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