Absence without Excuse

System

How long is a reasonble period of time for an employee to turn in a doctor's excuse for an absence? We have had an employee out of the office since New Year's with a back injury. We have repeatedly asked for some type of documentation from his physician since last Sunday and keep getting excuses. We realize we are in a delicate situation with ADA accomodation, but he is not eligible for FMLA and we have nothing to go on but his word. This is a key employee that we have had problems with since he came on. He has used all his sick leave and vacation. We have had numerous meetings with him about not producing and nothing seems to matter. Now we are faced with this situation. Any help would be greatly appreciated.

Margaret Morford

A lot of what you do will depend on your company policies and past practice. With that said, don't automatically assume this person is ADA protected simply because it's a back problem. Unless he has an underlying medical condition, like degenerative disc disease or arthritis, he may not have a disablity. I would handle it like a regular absence until you get documentation. Call the guy, then send a certified letter outlining all your attempts to obtain documentation. Essentially the conversation is, "We have been asking for documentation from your physician since _______ date. You have not produced it, so your are currently absent without leave and subject to termination. We will be forced to terminate your employment unless we receive this documentation within 48 hours. Your physician can fax us a copy at _________, then mail us the original. Once we receive the documentation, we will evaluate your status." Hope that helps.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

System

Thanks for the advice!

Gar

To piggyback on Margaret's advice, you should also work on the performance issue. When/if he returns to work, sit down with the employee, advise him of his performance deficiencies, give him a specific period of time to improve and if he doesn't, terminate his employment. Most importantly, document.

Jack Pete

I think you should also work on your attendance policy. Decide what it should be but then ENFORCE it. Putting off distasteful responsibilities like dicipline will end up being big problems.