Absences, Exempt Employee and BIG BROTHER - this is long

POTATO

I have a friend who is having some issues with this employer and he he wants some advice. He is an Exempt Employee with plent of Sick & Vacation time available.

First of all FYI, his supervisor is nothing short of a "putz" so with that said, on occasion and I mean rarely, when he has called in sick, he has received an e-mail from his supervisor or HR explaining to him the absence policy i.e. sick time is not to be used for recreation or vacation and that because someone from the company called him at home and he did not answer the phone, basically he lied about the need for the absence and they have threatened to dock his pay for this absence. This is now the second time he has been questioned about his absences. The first absence he was indeed sick - flat in bed but couldn't prove that but the most recent absence he just felt a little under the weather and wanted to stay home and rest. Now while he was resting he started puttering around the house, so technically he could have went to work but he just didn't want too.

Now my reaction is emotional because he is a friend, which is why I am asking all of you for your insight. He has plenty of sick/vacation time available so absences or having too many are NOT an issue, in fact he keeps losing his time each year, so:

#1. Do you think it is appropriate or necessary for a company/supervisor to validate or "check-up on an employee" for a one day absence?

#2. If the employee can offer no real "proof" that he was sick but did request this absence be applied to his sick time, would the company be allowed to "dock" his pay for that entire day for that absence to discipline him even though he does have plenty of time available? HOw would any of you handle this situation???

WT

Step back from the situation for a moment and forget this is a friend. Sick leave is often abused and used for discretionary time off. One of the big issues in union workplaces is the policy that an employee out sick must either be home (so you can call them and get an answer) or on route to a physician or pharmacy.

The employer has every right to assure themselves that sick leave is properly used and not abused.

The issue of proof is handled different ways by different employers. Some require none, some want a doctor's excuse for any absence, while others may designate so many days per year on the word of the employees with days beyond this needing a doctor slip.

The more appropriate question which you did not ask is why the supervisor suspects your friend of sick leave abuse. If not all employees are checked on in this manner, then this person must have somehow acquired the reputation of calling in sick if they do not "feel like" going in to work. I would be more concerned about that perception than about whether the company can dock an employee for sick leave abuse.

lee2

Decades ago managing sick leave use was easier and more acceptable. With FMLA,ADA, and other federal and state laws, not to mention the changing culture, it is far more difficult. Exempt and even non ex. employees feel unfairness when other employees can legally be off work for less than serious illnesses. My recommendation for over 10 years has been to go to PTO.

System

>The more appropriate question which you did not
>ask is why the supervisor suspects your friend
>of sick leave abuse. If not all employees are
>checked on in this manner, then this person must
>have somehow acquired the reputation of calling
>in sick if they do not "feel like" going in to
>work. I would be more concerned about that
>perception than about whether the company can
>dock an employee for sick leave abuse.

Good point, WT. I'd suggest that your friend improve his reputation by going to a doctor or walk-in clinic every time he's home sick and turn in a doctor's note even if the boss doesn't ask for it.

If the super treats everyone this way, your friend may want to complain to HR. Or update his resume.

James Sokolowski
HRhero.com

NaeNae55

Some people just turn the phone off when they are home sick so they can rest and recover more quickly (and get back to work).

You indicated that either the manager or HR sends an email out. If this is company SOP then the employee should not take it personally. If it is not company policy, then I need clarification so I can keep out of trouble.
Either way, if it were me I would go directly to the manager and discuss the issue.

I would explain that I want to be a good employee and that I want to make my manager look good. Therefore I need clarification on the sick leave policy. When I am sick, do I need to come in anyway, or is it there for me to use? Would it be better if I had a doctor's note? Should I make sure I sleep by my phone in case someone wants to contact me?

Of course, I would try to do it without the sarcasm. Also, if he just doesn't feel like coming in there may be more going on then just a sick leave issue. If so, he needs to figure out what the problem is and get it fixed.

Communication is the key to almost any relationship.

Good luck!

Nae

POTATO

Thanks for all your advice. This friend and his supervisor just don't get along and while the owner and other members of management team think he (my friend) is awesome and does a great job - he and manager just don't mesh. He actually doesn't have an absence problem per say, that was only his second sick day this entire year but as other posters mentioned, he does take the phone off the hook while recooping.

I think what made the situation so difficult was he received these hurtful comments via third-party e-mail which is a big frustration for him because he HATES e-mail...would rather discuss face-to-face.

After reading all of your thoughts and calming down, I told him to review the absence policies with the owner (they have a good relationship and there really is no HR Dept. just a snotty secretary (I used to be one so I can say this!! hahah) - and yes this is a small company). Anyhoo, after reviewing the e-mail and policies with owner, maybe my friend could then review with supervisor what his expecations are and the companies policies. Thanks for your insights.. p.s. his supervisor is out of town - so speaking to him first is not possible...

E Wart

[font size="1" color="#FF0000"]LAST EDITED ON 09-28-06 AT 09:56AM (CST)[/font][br][br]I too wonder why he is being treated this way. Do they do this to all employees or is he just being singled out?
Also, do they have an attendance policy (points for time out), does their policy say anything about have to bring doctors excuse in order to be excused, etc? (A lot of this can be on the verge of no-no due to FMLA, ADA ,etc. However, if they are small company FMLA may not apply.)
Also, as mentioned above, this is the beauty of PTO, supv. doesn't ask why out if meet the call in/prior notice requirements.
Besides talking with owner, he might want to sit down with Supv. (and snotty secretary if she has the power to send this out..may want to ask owner about this... why is she involved and who asked her to do this, didn't know he reported to her??)
Let him know that he didn't know there was a policy about "checking up on sick employees". Explain to supv. that when he is out sick, he normally cuts off the phone when sleeping so won't be woken up. However, if the supv. feels that it is absolutely necessary for him to be reached, to please let him know and he will change that habit. Find out who is is supposed to call in to (supv. or secretary). Also, act confused as to why secretary is involved... didn't know she was his supv?? Is he supposed to report to her or to the supv (he should be talking with.) If they have some type of point system or "rules about absences" go over them with the supv to make sure he is meeting the requirements. Also, he could call supv during the day and say he just wanted to check in to make sure everything is ok and did he need anything? Sounds as if the supv. and employee just don't get along and there is a power play here. Tell your friend not to lower himself to the supv. level, but play his hand and make him see how 'stupid" he looks by being nice and showing that he has nothing to hide. (If he gets huffy, looks like he wasn't sick.)
E Wart

Nancyli

It depends on your company policy. The most important issue should be the "performance" that your friend has showed in the work place. FYIO.
Good Luck!

Thanks.

Nancy