Abusing sick leave policy
Bullion
20 Posts
We are a small non-profit organization of 20 employees (FMLA would not apply). We have a probationary employee who has missed 21 days (most are taken one day at a time) due to sickness. Because of her sickness our policy does allow this time off. She has not been calling in her absences within the alotted time, frame per policy. This has not been discussed with her as of yet.
Her performance is suffering because she is not here to do the work. We would like to terminate due to performance and we are an at-will state. What risks do we take in terminating this probationary employee?
Her performance is suffering because she is not here to do the work. We would like to terminate due to performance and we are an at-will state. What risks do we take in terminating this probationary employee?
Comments
>with her as of yet.
Missing 21 days during the probationary period?
It hasn't been discussed?
However I think you might want to review your sick-time policy. It seems incredibly generous, especially if you are allowing "probationary employees" this great perk and it leaves you exposed to incredible abuse and possible future problems.
Wish you luck...
I don't know of any termination that comes without risk(s), but if you have treated her in a manner consistent with that of other EEs, and have followed your policies with respect to disicpline (such as a progressive discipline approach), then you are reducing or mitigating risks.
If there are no other issues, such as retaliation for whistleblowing, illegal harassment, hostile work environment or Title VII discrimination issues, then you are on pretty solid ground, in my opinion.
Good luck!
You go on to say she is underperforming while out on approved sick leave. Well that's pretty much a given.
You may have something with NC/NS, but otherwise you are punishing her for your company's bad sick leave policy.