Bereavement Leave

Preschool Director's mother has been sick and passed away last Friday. Mother lived in CA. PS Director called a teacher at her school to advise she would be out for TWO WEEKS. She left a voice mail message for the office mgr at the corporate office (not her supervisor) indicating the funeral arrangements but nothing else. PS Director did not call her supervisor.

Policy states employees must call their supervisor in advance of an absence. Our company does not offer bereavement leave.

I'd like her supervisor to call her on her cell phone (she didn't leave a # in CA where she can be reached) requiring she return to work monday.

My questions are:
1) If we CAN reach her, does anyone see a problem with requiring her to return after one week? If she refuses, should we treat it as a voluntary quit?
2) If we CAN'T reach her, should we treat this as job abandonment? We KNOW where she is and why, based on hearsay, but have not spoken directly to her to approve or deny the time off. Even if she HAD spoken to her supervisor, we wouldn't have approved two weeks off for this.

I hate to sound insensitive about this, but she's placed her school and the company in a difficult position by taking off without making arrangements for appropriate coverage with her supervisor. We pulled another person to cover the school in her absence, leaving ANOTHER school in a pinch - just not as bad as her school would have been.

Tried to keep it brief but include everything you might need to know to answer. I appreciate whatever advice you can offer!

Comments

  • 21 Comments sorted by Votes Date Added

  • >Policy states employees must call their supervisor in advance of an
    >absence. Our company does not offer bereavement leave.


    In order to frame my response - does your company state what consequences will be taken if the above policy is not followed?
  • You kind of have me on this one.......I'm normally considered pretty tough, but GEEEEZZZ, this sounds like an awful place to work......especially for a preschool, which is a family oriented organization.

    It sounds like the Director gave you notice (via the office manager), but just not in the prescribed manor. It is not unusual for staff to believe that the death of an immediate family member takes precedence over work in these circumstances. I also don't think 2 weeks off is unusual for an out of state funeral for a parent. I would think an adult child would have to make certain arrangements and it is only logical that she would stay in Ca. to get it all done in one short period of time, rather than returning repeatedly.

    I don't know how you can ask her to return right away and then consider it a resignation when she doesn't immediately comply. I also don't see how you can treat it as job abandonment when she gave you notice. You would certainly be paying UI on this one.

    Employment law attorneys will tell you that the number one reason employees seek out attorneys and employers get sued, is that the employee feels they were treated unfairly. I would be very cautious before proceeding in the way prescribed.

    Just my two cents worth......Shawn
  • I agree with Shawn, "What an awful place to work." I think the first thing you should consider is this...step back and take a look at this situation through your own eyes. What would you make a priority. Employees seek other employment, not only because they feel they have been treated unfairly but treated with no compassion as well.
    Just my opinion, I work and support "the family atmosphere" at work. I wouldn't consider this a reason for an issue.
  • It sounds like your Director didn't inform anyone in authority of her plans because she knew leave would be denied. If you have a clear policy in place, her supervisor should make the call to California. In my opinion you can require her to return to work after a week and call it a voluntary quit if she doesn't. You may not win an unemployment insurance case but your termination should be in order. I also think you can terminate if you can't reach her, but, again, I don't know how your UI would rule on job abandonment since you know where she is and why she is gone.

    I know a lot of teachers and none of them would ever fail to show up, for even one day, without arranging for a substitute. It sounds like this employee lacks a sense of responsibility and, if she does return to work after a week, you may want to look at the advisability of retaining her. The death of a parent is heart-rending but most adults don't lose sight of their responsibilities because of it.
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-16-03 AT 03:38PM (CST)[/font][p]I would hope that your bereavement leave policy might include language that might allow more leave in certain conditions, like out of state deaths. In any event, I do not think I could see myself recommending that she be called and told to return to work or be considered a voluntary quit. If the company's decision is to come down hard with discipline in this case, I would let it wait for her to return. This will also give you and the other officials at the company time to think this through and decide if you want to meet the woman at the gates with brass knuckles and a pink slip. You have a lot of things to think about in the two weeks she's gone.

    (edit) Sorry; now I see that you do not even have a bereavement leave policy. In that event, maybe you can do whatever you guys decide to do in the case of this senior level employee. Do I sense that someone is looking for a reason to jettison her from the tubes?
  • Our policy utilizes sick time for bereavement leave and suggests approval/communication if it is more than three days. I agree that the out of state death of a parent calls for some leeway. Plus, settling the estate may fall to this individual and being able to handle all of this at once may avoid additional time off in the future not even counting how heavy all of this will be for some time to come.

    I would advise lighten up unless there are other issues. If so, I would concentrate on them and not this one. Think of the ramifications to the rest of your organization as to employee morale, turnover, etc.

    Good luck and tread carefully.
  • Allow me to add my word of caution. I just had this situation - and lost. Nurse; policy that if unavailable, nurse had to schedule a substitute;if not, consider a voluntary quit. This nurse loked for sub, couldn't find one. Talked to director who said she either came to work or it would be considered vol quit. She didn't show. She sued. Jury liked neither the "get yourself a substitue" nor the 'vol quit.' Significant damages. Your case is worse. Reason teacher doesn't come is death of mom out of state. If she can get to the jury, you are toast. Your policy is unreasonable and your reaction is not only unreasonable but insensitive. If you want to get rid of this person do it another day another way. As an employer, are you right? Probably. But it is a risky 'probabaly.' Pick your battles. Don't pick this one!
  • Shadow: What was the person's basis for the claim? How did this get before a jury? Seems like there must be more to this situation than meets the eye.


  • [font size="1" color="#FF0000"]LAST EDITED ON 09-16-03 AT 04:52PM (CST)[/font][p]Hi HRQ

    If your policy does not state the consequences for failure to follow policy in this situation, I would do one of the following (otherwise I would follow the policy):

    1. If your intention is to retain the employee, don't call her while she is away and demand she return earlier. Since you have the situation covered, let it stand until the employee returns. Once she returns, write her up for not following established policies. During the write up process you can be as nice, "Susie Q., although the company and I feel for your loss, we do have a policy and it wasn't followed in this instance...", or as harsh as you like. Be prepared though, as taking this action will fulfill the HR person's desire to follow policies and be consistent, but it may also very well alienate the employee (and my motto is, for every one unhappy employee, there's really about 3 more - what else are you going to talk about during lunch and breaks).

    2. If your intention is to term the employee, then do it. She didn't follow procedures, she knew of the procedures (I'm assuming this) and so therefore it's job abandonment. You may get hit with the unemployment costs, but at least you don't have to deal with a problem employee.

    Shadow - did your case involve a union?
  • mwild31 - policy states "Failure to call in and report an absence to the supervisor at least one hour before scheduled work time will result in disciplnary action. Two consecutive unexcused absences will be considered voluntary resignation." On another page, it states "...the following may result in immediate termination: ...Absence from classroom, school, or area of work without informing supervisory personnel"

    Shawn - I knew my post could sound insensitive, but this is the Director of a preschool with around 100 children and about 20 staff members. She has ulimate responsibility for the success (or lack of) her school and she failed to notify anyone but one of her own employees that she wouldn't be in. The message she left for the office manager was basically "just wanted to let you know about the funeral arrangements - the service will be at Joe's Mortuary on wednesday". She said nothing about being off for two weeks, didn't leave a phone number for us to call. She typically calls her supervisor's cell phone several times a week, but couldn't manage to call about taking two weeks off.

    Sunny - I appreciate your comments. If either of my parents were to die, unexpectedly or after lengthy illness, it would tear me apart. I would also make damned sure I talked to my supervisor to ensure I had a job when I returned. I would also make sure he knew how to reach me while I was out of town.

    Don D - quite the perceptive man, you are... x;-) In my post, I tried to focus only on the current situation. The employee has been written up three times for serious performance issues. Each time, she'll improve, then go back to her old ways, then be written up again, etc. She has yet to accept responsibility for her position. (Nothing is ever her fault)

    The fact that I even posted my questions shows I'm not sure forcing her to cut her two weeks short is the right thing to do. Her supervisor is forced to ASSUME she'll be gone two weeks because a teacher on her staff happened to mention it to the assistant director who then called the area supervisor. If an hourly staff member simply left a message with a peer that she'd be back in two weeks because her mother passed away, I'd label it job abandonment because she didn't notify a supervisor, wouldn't you?

    Curious to see what you all think.


  • Number One: I think you now see the need to have a clear-cut bereavement policy. I agree that the employee probably did not handle this in the best manner possible, the worst offense being not leaving a number where she could be contacted. It appears that she probably knew that this would be an issue and does not wish to deal with it on top of the death of the relative. But, again, people do not always think very clearly when they are faced with the death of a relative and all the emotional and legal issues that are part of this.

    Our policy gives two - three days bereavement leave based on the relationship of the relative, but most employees take at least a week off. They use their PTO time to make up the difference. We've never had an issue where an employee was put at risk of losing their job because they took off for a death.

    If you cannot reach this person by phone, of course, you will have to wait to address this when she returns. If you do terminate this person, be prepared that she most assuredly would be granted unemployment, but the morale problems that would probably ensue from your other employees would also be an issue. I would probably offer sympathy for the death of the relative and advise that you wished that she had left a number where she could have been reached in case something came up about her position while she was out. Personally, I would not terminate in this case.

    Right now, we have a case where a relative of an employee was missing and presumed drowned on Labor Day. The body was just found this past weekend. This person has been on an emotional roller coaster since Labor Day weekend. She has had to take time off and has just been broken hearted and devastated. We have just had to be very sensitive and understanding. Do we have a policy for this....no....but still we have had to maintain our compassion and understanding about a situation over which she has no control.
  • I read your post yesterday and was so flippin' p@#$%ed that I couldn't respond. I am very glad you had a response for people today as I now understand your situation better.
    I would definately not order her to return but do as mwild suggests. There are better ways to weed people out than this one. If word got out to other ee's that this was your response to a death in the family it would be devastating to morale.
    Good luck!
  • NOW THIS FOLLOW-ON POSTING INDICATES TO ME THIS MAY JUST BE THAT REAL OPPORTUNITY TO FOLLOW THE PARADE AND "CAN THE DISCIPLINARY/PROBLEM MANAGER".

    However, one must consider that you have placed several performance and attendance issues on to this person's file, but she has continued to get away with things; what makes this event any more powerful as the final straw that broke up your ee/employer relationship? I would make sure these warnings with behavorial changes for the good only to return to bad behavior, they must be timely and connected so that a jury can get past the death of her mother and the lack of understanding for her obvious confusion after being informed "MOTHER DIED".

    Given any hesitation in taking the termination action on senior leader's part, then wait for her return and have a senior leader have a final straw conversation with this director. Regardless of the number of children, the director should be able to leave for two weeks and the organization run without stopping!

    I would hate to think that our operation would shut down,if our director of production was away for two weeks.

    Keep us posted as to how it all comes out! This is a very interesting case.

    PORK
  • I can see both sides of this issue and, while I typically try to remain as "employee friendly" as I can, I feel there is merit in the posts regarding termination of employment in this case. The fact of the matter is that this EE is a DIRECTOR of an organization that has alot of people depending on her. As such there is a certain level of responsibility that needs to be upheld in this position and she has failed to meet the level of responsibility. If I understand the facts this person contacted someone who reports to her, only stated that her mother passed away and when the funeral was scheduled. She did not indicate how long she would be gone and has not called in to update anyone on her situation. If these facts are correct this person doesn't appear to either understand, or care, exactly WHAT her responsibilities are.

    The passing away of a close family member is a very difficult situation but people also need to remember that there are other responsibilities that need to be met. If she was so grief stricken at the time that she failed to follow the proper procedures I can understand that but she hasn't made any attempt to follow up since then which I feel is where the true problem lies.

    If you choose to terminate the EE will receive unemployment but I don't see where there would be any issues from a legal standpoint, as long as you do the same with any other similar situations.
  • I think there are enough responses indicating that this sounds harsh to raise the red flag. I think Shadowfax's story lets you know how a jury might react to this.

    After reading the other posts, I think the best course of action is to make every effort to contact the Director and ask her how much time she will need, gently reminding her that she is needed in her position. I would then give her the 2 weeks off. Whether or not you reach her I would issue her a written reprimand when she returns for not following pocedure by notifying a manager of her need for time off.

    None of your employees should be aware of the reprimand, so you will avoid the fall out from firing someone for not following procesdure when their parent died. The written reprimand will serve as yet another piece of documentation to support continuing discipline, if she is a problem employee.

    Discipline will occur, the troops will not be riled up, you won't feel like you are victimizing someone who acted dumb when they heard terrible news..... and if she continues to be a problem she will be terminated for other reasons.

    Shawn
  • Shawn, I respectfully disagree. This kind of thing gets out to other ee's. If anything, depending in the disciplined ee's character, she would spread it around to gain sympathy. You ALWAYS have to take into consideration that other ee's will find these things out.
    Also on top of verything else,HRQ, I would start thinking about having a bereavement leave benefit. I have never worked for a company without one.
  • I agree with Deez that the reprimand will be known by the entire organization. But that may be okay -- the compassion of the company will be known, as well. I do not think you should fire her in this instance, however, discipline for the sake of consistant adherence to company standards is warranted.

    Sounds like you will have another opportunity to terminate. Don't think I would want to alienate staff and cause additional problems. People feel very deeply when things involve the death of a parent.
  • I agree with the other posts that the EE should not be terminated upon her return. There is nothing wrong with calling to see how she is doing and gently remind her that the school still needs her presence as soon as possible. You probably need to look at your policies and procedures and update those accordingly. This is how policies usually get updated anyway except as required by federal and/or state mandates. I usually prepared a memo with attention to the required procedure or if the policy is updated, send to the manager of the office to discuss at the next office meeting or immediately, depending upon the necessity of the issue. If the problem is severe enough, I even prepare a receipt and acknowledgment form and keep that on file. Good documentation for future infractions. Yep, everyone knows why the memo and policy was revised, but everyone is briefed at the same time and that policy is the guideline for any future actions, discipline or termination, as required. Ain't HR just grand at times?
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-18-03 AT 11:22AM (CST)[/font][p]I'm still trying to figure out what legitimate claim Shadow's nurse could have, and how it could get to a jury. I think there's a back-story there we're not privy to. As to the original post, it sounds like HRQ has valid concerns about staff coverage, and we should keep in mind that staff/client ratios are most likely mandated by the state, so her abrupt departure could have more of a severe impact than mere inconvenience. It could easily become a licensing issue. That said, I would NOT try to contact her until she returns, and I would certainly utilize a progressive disciplinary approach because this does NOT look like an offense that requires termination.

    Ooops! Just read ALL the posts. Hmmm. A Director with a lousy history of performance AND an attitude. You know, I think I'd want to fire her too, but I'd still wait until she returned and do it as professionally as possible.
  • As it turns out, the employee's husband left me a message yesterday to ask about bereavement benefits and left a phone #. My return message explained that we don't currently offer such a benefit, but that we'd give the employee as complete a paycheck as possible using her PTO, and would allow her to "go negative" up to 20 hours if she wished. (Her PTO bank is low, and we've allowed employees to go negative before)

    I then said we all hoped the employee was doing OK, this must be a tough time for her, and some time this week please give the supervisor a call as she hadn't heard from the employee and wasn't sure what her plans were.

    The employee called her supervisor today, said she'd be back a week from monday. Didn't ask about her school, coverage, etc. Just said "I'll be back on the 29th".

    I realized today how I keep saying what I "would" do if I were in her situation, but I am NOT in her situation. I just know what I THINK I would do.

    I consider myself to be sensitive and understanding (usually) but in this case I allowed my long-running frustration with her to affect my judgement. I still am bothered that she's shown no concern about her responsibilities here, BUT I agree completely that even if we termed her and kept everything confidential, the perception would still probably be negative. When she returns, her supervisor will address the issue of her abandoning her job responsiblities as tactfully as possible.

    I've added "bereavement leave" to my list of stuff to consider over the next few months when revamping the employee handbook and our 2004 benefits package. Apparently, our company offered bereavement leave in the past, and it was a conscious decision of our new ownership to remove it.

    I really appreciate all the input, and found it very valuable. I hope I can be as helpful to you as you've been to me!
  • To HRQ:
    This person could be suffering shock and extreme grief which can play havoc on your mind. Has she always acted responsibly in the past? Sounds like a lot to consider but I do think ordering her back to work before she is mentally capable will do your company more harm than good.

    If she is not a reliable and dependable employee overall, then I'd go by policy and take the necessary action based on job tasks not being accomplished and not obeying policy.
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