I need advice PLEASE!

slewis

I have an employee who has a very serious attendance problem and she has been through the system to the point where we are ready to terminate her based on her attendance. She has called out the last 3 days, claiming to be sick, in the middle of month end and all her paperwork sat. She apparantly has been calling in to the other employees because a few have come in and mentioned how much trouble she is in. I know I can terminate her and I know I have enough documentation in her file to fight anything she could possibly throw at us. My only question is that she has OPTO time and I believe she is going to request being paid for the last 3 days she has called in sick. What are the ramifications of me not paying her for the time missed that has led to the termination. PLEASE HELP!!

Down_the_Middle

Unless you have a current policy that specifies that the employer can withhold PTO time for questionable absences, I'd suggest paying it to her. Consider it the cost of her discharge. Denying her the paid time will only give her another reason to challenge the discharge and you may not be on solid ground. There may be a valid reason for questioning the payment of the time, but I think it will only create "bumps in the road" for your apparent smoothe termination.

slewis

Actually the only policy we have on the OPTO is that it is a use or loose and it is not to be used as vacation time. If they leave with or without notice or by discharge, the OPTO is not paid out. I think she is just "throwing sand in our face" . I do agree with you though.
Thanks for the advice!

Gillian

You don't say where you are, but if this employee is in California, use it or lose it policies are illegal, thus you would have to pay.

slewis

I am in Maryland. We have decided to go ahead and pay it just to avoid adding more fuel to the fire.
Thanks for all your advice.

shendrickson

Has this employee been counseled on her attendance issues? The reason I am asking is it is important to determine whether or not her reasons for not showing up have to do with an FMLA issue that she has not shared with you. I would question her in this regard prior to making any decision to terminate. Do you have an EAP with your organization? You may also want to consider investigating whether or not referring her to the organization at your disposal would clear up the attendance issues. If in fact her attendance issues do not qualify under either FMLA or EAP, by all means pay her the money! I can understand your not wanting to give an employee a reward of this type when it sounds as if she was not living up to her responsibilities as an employee, however, you don't want to find yourself in a legal battle over a few dollars! Good Luck

barbara joan

I am new at HR work what is an EAP

bsa

Employee Assistance Program. Usually provided by the company to assist employees with life's little up's and down's. Do a search in this forum, I know EAP's have been discussed in the past.