What to do about an employee misusing sick days?

Question

I am the HR Director at my company and yesterday, one of my employees asked me a few questions regarding our policy on unused vacation and sick days. I told him that unused vacation days would be reimbursed to the employee at the end of the year but that unused sick days would not be reimbursed. Not wanting to use his vacation days, the employee responded "Well I think I feel a cold coming on." He then winked and walked away.

This morning, the employee's supervisor told me that the employee called in sick today claiming to have a soar throat. I told the supervisor about the conversation I had with the employee and naturally his supervisor is quite irate and does not want me to pay the employee for the sick day.

I'm not sure what to do about this issue. I do not think I can legally deny the employee use of his paid sick day but I am also sure that he is misusing this benefit. What should I do?

Answer 1

Simple. You're right - the company has to legally pay him for the sick day, but you should definitely call him in your office and let him know how badly this reflects on him. Issue fair warning that if he continues to misuse paid sick leave, that abuse will have to be documented in his file, and could affect future job performance evaluations, pay increases, or even his continuing with the company.

As unlikely as it sounds, it IS minutely possible that he just made a bad joke and then legitimately fell ill with extremely poor timing - so you may have to give him the benefit of the doubt if he takes that approach. But he needs to learn not to make such thoughtless and careless comments in the future. It does affect how others perceive him - including his management and those who have authority over his paycheck. And that much - innocent or not - he can and should understand.

Good luck to you -

Answer 2

Well, I know at my company in New Jersey (not sure about how this would apply in your state) an employee has sick days to use for sick days. Now that means that an employee can not schedule that day off, they must call after the current work day but before the next (with in 1 hour of their start time) and report that they will not be in work. Because of HR laws in NJ that employee ONLY has to say that they will no be in and are using a sick day. That employee does NOT have to give a reason (ie: I have a sore throat, I have a migraine...) You may need to check with state requirements/laws about this because it may be more than just your company policy. More than likely you can not use the conversation with that employee on the previous day to deny them their sick pay. A lot of companies here in NJ are changing the sick days to all personal days (which can not be scheduled either) because of this issue.

Answer 3

Hmmm...when an employee does use a sick day, is there any policy in place to require documentation (doctor's excuse) to justify the usage?

Or is there a maximum number of days the employee can take before documentation is required? My employer, Social Security, requires documentation after 3 consecutive days of sick leave.

Has this employee demonstrated abuse in the past? Has anyone else abused their sick leave? You need a precedent to follow using those guidelines. If the answer to either question is no, you'll be setting a precedent should you choose to deny payment. However, you should also consider whether or not any punishment handed down might be viewed upon as punitive.

Now, go back to that supervisor and ask if he/she has ever called in sick to play hooky from work now at this job or in the past.

While you don't want to seem uncaring and insensitive, you don't want to present yourself as a cream puff either. Think carefully, taste your words before you speak or put them to paper, then make your decision.

You'll do fine, otherwise you wouldn't have been given the position you have now.

Phurface

Answer 4

just pay him....like you do all the mom's with sick kids, the people with sick dogs, husbands who need help, etc.

Sometimes people need a sick day so you don't scream at a co-worker or something...."mental health" day. But that's not acceptable to call in, so you say something vauge.

And unless you are totally above using your sick leave for ANYTHING other than being sick, don't be so smug.

And write down your policies...so many companies do not do this...then employees don't know when they are abusing or using the system.

Also...how many lies did you tell him during the job interview? How many have been told since???? WINK< WINK

Answer 5

In the long run, this individual's behavior will only hurt themselves. What the likelihood someone is going to want to promote or give a pay raise to this guy? This was the same policy that my former employer had. I never called in sick, even though I could have. I new people that abused the policy, but most everyone knew they were faking.

I toyed with the idea of trying to create some incentive to prevent this behavior, but I don't know if they cost the company more than it is worth. For instance, for every five days of unused sick leave, you grant an additional day paid vacation. Perhaps, you may want to consider an end of year bonus. As I said though, it may be more costly.

Answer 6

Next time you see this employee, tell them, the company is changing their policy.
" If anyone takes off sick and gives advance notice, it will be charged as a vacation day." End of discussion.
Many companies have combined sick and vacation days , into "days." PTO-- paid time off. You just take the day off-- period, it doesn't matter if it's sick, vacation, whatever.And no more getting paid for unused days. You use them or lose them,.
This person made a fool out of you. What's the old saying about "paybacks?."

Answer 7

It seems like the company policy should change to prevent this from happening. I don't think there is anything legally you can do. It's his word against yours essentially. Where I have worked we have gotten both vacation and personal/sick time. If someone is calling in sick when they really aren't then that suggests to me a problem with the work environment. Most employees are good people and want to work. Is there enough work to do? I would look at other things first before just blaming the person.

Answer 8

My employer doesn't have paid sick days. They were forced to change their policy last year because the company was left short-handed from people calling in sick who weren't sick at all. Everyone is now required to present a doctor's note to their supervisor before they are allowed to return to work, even if they were only out sick one day. If you come back without the doctor's note it counts as one write-up to a future "you're fired".

Answer 9

According to company policy, employees are allowed to do what you said. However, some companies give employees a small bonus at the end of the year, when they have not used any of their sick days. Incentives always helps.

Answer 10

You're an HR Director and you spell "sore" throat: "soar?"

What should you do? There are several possibilities:

Did the employee have the sick time accrued? If he did you pay him. Sooner or later he will use up his sick days, hopefully when he really needs them. If it's a union job you definitely pay him to avoid a grievence.

Or you bring the employee into your office and confront him, counsel him and tell him he will not be paid for that day. AND you put the notes of the meeting in his personnel file. If the behavior continues, you repeat the couseling for each offense and, again, put the record of the meeting in his personnel file. After 3 or 4 repetitions of this behavior you simply fire him.

And do not feel bad about firing him. Remember the job belongs to the company, not the employee or the union.

I'm surprised that an HR Director wouldn't know how to procede with a simple problem such as this.