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Employee Medically Excused Absences

KatjhaKatjha 9 Posts
in HR & Employment Law Vote Up0Vote Down
Hello to the group!

After the wonderful help and suggestions that I received concerning our company's desire to administer polygraph testing, I would like to turn another sticky one over for opinions and assistance.

Our company has a very liberal sick time policy - 2 1/3 days paid without a doctor's excuse and up to 30 days sick time off, with pay, if accompanied by a doctor's excuse. In addition, the company allows unlimited doctor's appointments, etc., paid, as long as they are accompanied by a doctor's excuse. The flip side is that the company does not offer any personal time and no vacation time prior to one full year (and then 1 week). Additionally, the scheduled work week is 45 hours - everyone has a lunch break but no one is allowed to leave the office and then everyone's lunch hour is paid.

Within these parameters, we have two employees that have recently been counseled by management (not HR) regarding their excessive absences. Both employees' absences are less than the time allowed (in writing) by the company and are all accompanied by a doctor's excuse - so all time off is within the guidelines and limits set forth by the company. One of these employees was actually admitted to the hospital and missed a total block of work less than two weeks.

My stance has been that these employees cannot be disciplined because they have met all of the criteria set forth by the company for medically excused absences. But the company is maintaining that the absences are excessive when viewed against the attendance of "healthy" employees and that that is what the employees are being disciplined for.

Any opinions on where to go with this? There are several things that I do not want to see happened: 1) employees being punished when they are within the guidelines and limits offered by the company, 2) an employee unjustly terminated, and 3) a lawsuit from an employee that was unjustly terminated or feels that they are being harrassed / discriminated against even if they do not end up being terminated.

Help...?

Katrina Hutchins

"It's kind of fun to do the impossible..." ~ Walt Disney
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Comments

  • 6 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    But the company is maintaining that the absences are excessive when viewed against the attendance of "healthy" employees and that that is what the employees are being disciplined for.

    IT SEEMS TO ME THAT'S WHAT YOUR EMPLOYER IS DOING ALSO. THIS IS A STICKY WICKET. HE IS TREADING ON VERY THIN ICE DISCIPLINING EMPLOYEES FOR MEDICAL ABSENCES, ESPECIALLY SINCE THEY MEET THE COMPANY'S CRITERIA FOR EXCUSED MEDICAL LEAVE. THE POLICY IS CRAFTED BACKWARDS AND DOESN'T MAKE SENSE; HOWEVER, IT IS WHAT IT IS AND IT'S WHAT YOU HAVE.

    There are several things that I do not want to see happened: 1) employees being punished when they are within the guidelines and limits offered by the company, 2) an employee unjustly terminated, and 3) a lawsuit from an employee that was unjustly terminated or feels that they are being harrassed / discriminated against even if they do not end up being terminated.

    YOU LEFT ONE OUT; 4)I DO NOT WANT TO SEE MYSELF TERMINATED FOR BRINGING TO MANAGEMENT'S ATTENTION JUST HOW INSANE THEIR POLICY AND ITS ENFORCEMENT ARE. YOU ARE BETWEEN A ROCK AND A HARDPLACE. I SENSE THAT YOU ARE NEW IN THE FIELD AND MAY NOT HAVE THE IMPACT WITH HIM THAT YOU WISH YOU HAD. THERE'S NOT MUCH WAY TO CHANGE THAT. LAY OUT FOR HIM EXACTLY WHAT YOUR THOUGHTS ARE AND WHAT YOU THINK THE REPURCUSSIONS COULD BE AND TELL HIM GENTLY THAT YOU WOULD ADVISE A NEW POLICY AND MANNER OF ENFORCEMENT. RELATING IT TO HIS BOTTOM LINE WILL PERHAPS MAKE SENSE TO HIM. DISCIPLINING PEOPLE FOR MEDICAL ISSUES WHEN THEY ARE FOLLOWING POLICY IS A DOUBLE WHAMMY. AN EEOC INVESTIGATION OR AN ADA OR FMLA INVESTIGATION, OR GOD FORBID, ALL THREE, WILL CAUSE UNNECESSARY INTERRUPTION OF BUSINESS AND HIS LABOR ATTORNEY WILL PUSH THE METER STICK OVER TO $10,000 AND LET IT TICK FROM THERE.
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  • ritaanzritaanz 2,665 Posts
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    Don, is Pork sitting next to you? Or are you using his keyboard?
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  • Don DDon D 9,834 Posts
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    Ritaanz: Am I gonna have to come over there?
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  • PorkPork 1,271 Posts
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    HOWEVER; in some situations like ours, we must be able to count on the ratio of ees to the ratio of animals serviced to be constant. A continuously absent medical excused ee is a bad employee for the team. The team can carry the load for a while but at sometime the individual has to come to the realization that the team is hurting and either make a personal decision to seperate or the company must be able to step up and call a "spade a spade" and seperate the ee for absentism. This theory is explained to every new hire and it is so written in our policy/handbook.

    HOW MUCH LONGER ARE THE DAWGS GOING TO CARRY THE COACH BEFORE SOMEONE IS TOLD TO RETIRE OR GET THE HELL OUT OF THE WAY!!! ANOTHER WEEKEND DOWN THE TUBES!!

    PORK

    I knew I could find something on todays posting to set my hurt in print! Now I feel better, at least the stock market did not crash, it just continued is nasty slide backwards.
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  • KatjhaKatjha 9 Posts
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    But how can the employer be justified in labeling the absences as excessive if their very own policy allows for far more absences than either employee has accumulated? My issue isn't the absenteeism so much as the (possible) double standard of the employer: they state that they will allow, and even go so far as to pay for, xxx amount of absences, but then you are disciplined if you utilize the benefit; not to mention the medical angle.

    Opinions?

    Katrina
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  • LindaSLindaS 1,510 Posts
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    I agree with all the other posts...disciplining an employee whose absences fall within the parameters outlined by the company has the potential to create some very large problems. You haven't mentioned whether or not you are covered under FMLA because if you are, some of these absences sound like they would fall within those guidelines and your company would be looking at some large payouts should an employee be disciplined IN ANY WAY for utilizing time that is guaranteed them under the law.

    If your boss wants to effectively discipline employees for excessive absenteeism, you should look at redesigning your policies.
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