Employee playing the system
PAhr
165 Posts
This should be a funny one. We have an employee who has been missing work quite often. We suggested FMLA and are currently awaiting the paperwork. While explaining that the coverage is only for twelve weeks the employee stated that if his FMLA is used up he can still miss two or three weeks at a time and only have it count as one occurance so long as it is consecutive. Now our handbook does say that so long as the absences are consecutive it is one occurance. The way it works now is if you are even a minute late it is an occurance and if you left early that same day it is two. If you just didn't come in it is one and if you are out three whole days it is still only one. So in theory he is correct but we never intended the policy to be used in this manner. Do we need to revise the handbook to state that there is a limit to how many days in a row an EE can miss or should we just explain that although in theory he is correct we will not follow the policy in that manner? And if we do relay to him that the policy will not be administered in that fashion what should be the maximum for days off in a row?
Comments
Oh my. Do a a google search with vociferous flatulence as your search words and read the second one down. If this is what she meant, I can sympathize but it is no excuse to miss work!
I hope this helps!
Remove the "consecutive days absent with only one occurrence" completely from the policy. Make it a one occurrence per day regardless of the length of time they are gone. Once three days pass and an employee is absent it is more than likely going to be FMLA qualifying anyway. In addition this removes the mindset of taking the extra time without necessarily needing it. I remember a situation I had with a former employer that allowed two consectutive days absence being counted as one occurrence and an employee walking into a supervisor's office (I was standing there as well) and telling him that the employee would see him in two days as he was leaving because he accidently had his wife's car keys in his pocket!! An absence that would have taken one hour at the most suddenly became his being gone two days!
Shortly after that the company removed that portion of the policy and it became one occurrence per day unless it was FMLA qualifying. We gave the employees 30 days notice of the change then implemented it. When they complained we told them that they could thank their co-workers for the necessity of the change due to abuses of the system.
To this day I think the policy is still in place.
Hope this helps!
Pork
It sounds like you probably do not have an ADA situation to deal with, so that is good.
A couple of things that you may want to consider for you attendance policy that we have are the following:
1) Discipline for patterned absenteeism that falls outside of the "counting" system that you have for the policy. This may include, but not be limited to absenses around weekend and/or holidays, absenses that occur shortly after the employee "comes of notice," etc.
2) Limit the number of times an employee can reach final written warning over a 12-month or 24-month period. Doing this requires the employee to straighten up his attendance, but longer stretches of time.
While these suggestions might be helpful, you will still have to face the music with this guy when the rolling 12-month period for FMLA rolls around -- he'll be back out again on a FMLA-qualifying absences. In such case, do all that you can to "manage" such leaves including requiring information to be provided on a timely basis, requiring updates every 30 days, using the 2nd opinion option to ensure that he is able to return to work. Sometimes keeping him out for longer period of time when he is out on such a leave may actually benefit the company. You have already found a way to cover for the guy when he is on leave so no one is "getting stuck" having to stay when he reports off. This makes him eat up the 12-weeks FMLA period. Once he eats it up you are back to the same cycle, but there will be a time when he slips up, and you will "cook this turkey."