domestic abuse

NaeNae55

We have an employee who appears to have several issues going on in her home life. We hired this employee 1/2/02. She had 24.5 hours of leave without pay in her initial 90 days. We allowed all. She has been gone quite a bit to take care of a serious issue with 2 of her children, but making up time whenever possible. Most of the LWP was due to an illness (we knew she was sick for several days before she took off 3 days).

She has not received an employee manual as I am in the middle of rewriting ours and thought to have it done by now (I know, I know). Last pay period she was off enough to use all of her earned leave and still have 1.5 hours LWP. (1st year employees earn 128 hours PDO which is available as accrued upon completion of the initial period.) I tried to get something to her in writing regarding our policy, but have not succeeded so far. She was gone yesterday and today. She originally called in and said she had brake problems and would be in once car repaired, then they had to send for a part, etc etc. She has told several employees that her domestic partner is physically abusive, and this afternoon she called to tell me that she wouldn't be in as planned (after she got her car) as she was going to a shelter. She is afraid to go home and concerned because her partner has a key to her car. She was definitely upset and concerned for her job. She said she just couldn't function today.

We don't usually have problems with employees not coming to work as planned as this is a good place to work. Employee specifically told me she was afraid of being fired as she really likes her work and loves the people she works with. I don't have any actual experience with this kind of thing, but told the employee that while I sympathize with her plight, she is needed here and should come in tomorrow. I expect to give her our attendence policy in writing and verbally when next I see her.

I have 2 questions: 1) Is there any laws regarding domestic abuse that may apply here that should influence how we handle this situation? and 2) What do I do if she doesn't come in tomorrow?

Please help! I am hoping for many opinions on this to help me out. Thanks in advance for your help.

Rockie

Seems to me this is a person who just isn't going to work out. When we identify someone like this who is out quite a bit during their first 90 days, we typically don't retain them. Their problems, whatever they may be, just get worse as time goes on. I understand that you are trying to be a "nice", understanding person, but it seems that this person has multiple issues that she needs to deal with outside of work.

We have had several employees like this and usually they start out this way and get worse the longer they are employed and the longer they know they can get away with it.

Even in the absence of a formal, written policy, I still feel the number of absences could be deemed excessive.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 05-07-02 AT 03:01PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 05-07-02 AT 02:58 PM (CST)[/font]
SIXTEEN personal days off for first year employees does indeed seem to make yours a 'good place to work'. Don't know why the domestic issue, even if true, would have any impact on the company's policies or decisions to enforce its rules. Actually, that's her issue. I'm not implying that you should not be a caring person. But, the company has no obligation to treat her personal issues with some special compassion that would forgive her violations. If she doesn't come in tomorrow I would meet with her and terminate her. If she does come in tomorrow I would meet with her and tell her she is on the very verge of termination and what will happen the next time she does not report for work. I feel that in not applying some 'tough management' here, you'll be buying into a problem that will never get resolved. Finish the manual as priority no. 1 and get it out to employees with acknowledgement signatures required and then follow your policies without additional doses of compassion and special cases tempering your every decision. Please don't procrastinate in getting your rules written and disseminated. If you have an old manual in place, it still stands more than likely and hopefully has attendance policies in it. If not and you absolutely cannot avoid a week to get the new one out, send out a brief statement of the policy you are finalizing. You may need to stay late one night to do this but it will pay off for you.

ritaanz

My first thought after reading your post was about your other employees. If this woman comes to work and her abusive partner gets it into his head to "visit", there may be bigger problems. Anger and rage are there.

jules2001

I received this article in an e-mail newsletter that was sent to me.

[url]http://www.benefitsnext.com/news/view.cfm?news_id=1860[/url]

It discusses the other side of the fence.

NaeNae55

Update

I thought you might all like to know how this turned out (90 days later). The employee's manager and I counseled the employee. We indicated further LWOP would not be tolerated while at the same time encouraging the employee to use our EAP. The employee contacted our EAP and has continued to see the counselor even after using all the "free" visits. Employee terminated her relationship with the abuser and though he harrassed her for sometime afterwards, she appears to be recovering well.

The employee now goes the extra mile to make sure she is never in a LWOP situation again. Her required absences for her children continue, but she makes a point to make up all time. She is very grateful that we stood by her and did what we could to help. Only time will tell if she has fully put this all behind her, or if she has the type of personality that ends up with abusers no matter what. For right now, however, we are happy with her work and her attendance.