Poor Gloria. She had a horrible case of the flu and spent Friday and Monday in bed – or so she said when she called in sick. But not according to her coworker John, who says he saw pictures on Facebook of Gloria with a group of women on Friday celebrating and preparing for a friend’s wedding.
What is an employer to do?
First, answer the question: Why should we care?
The fact is, your organization may not depend upon one employee’s day-to-day attendance. For example, the IT department can probably still operate if Gloria calls in sick. But if Gloria works on a manufacturing line and her coworker can’t leave until she clocks in, then her absence impacts productivity and team morale immediately.
Of course, this assumes that Gloria’s absenteeism is not a larger pattern of behavior. The most important thing is to not jump to conclusions. Gather the facts – not rumors or sneaking suspicions.
Start with your time-keeping records
Your time management report can show patterns of absenteeism or poor attendance. Does Gloria tend to take sick time on Fridays, Mondays or days surrounding holidays?
If this is a pattern of behavior, it definitely needs to be addressed. But, even if it is a one-time occurrence, you still need to talk to the employee.
What does your absenteeism policy say?
Has Gloria followed notification procedures? Well-written policies will require employees to call their supervisor by a certain time of day. The policy should be clear about with whom, when and how to make contact. Is a text or email acceptable? Or does it have to be a phone call and direct conversation with the supervisor?
This policy can also include when or if a doctor’s note is required. Many companies use the three-day guideline for sick days, but be sure you don’t run afoul of any mandatory sick leave law that your company may be subject to. We’ll discuss more about that below.
Check your leave policies
Has Gloria exhausted all of her allotted vacation time? Is she looking for a way to attend her friend’s bachelorette party? Companies with time off policies that separate sick time from vacation time may encourage the use of paid sick time when employees aren’t sick. There may be a perception that they are “due” those days. If the policy allows 10 days, some employees may expect to get 10 days, no matter what.
On the other hand, a general PTO policy that encompasses both sick time and vacation time rewards employees who don’t have frequent illnesses and discourages people from taking sick days off when they’re not sick.
Don’t forget state and local laws
As more cities and states enact their own sick leave laws, it’s harder than ever to keep up with all the requirements governing paid sick time, particularly if your company operates in multiple jurisdictions.
For instance, California, Washington, D.C., Chicago, and several other cities and counties have sick-leave laws that require companies provide a certain number of hours of paid sick leave each year.
Some states, such as California, allow employees to use half of their paid sick leave to care for a spouse, domestic partner, child or child of a domestic partner. Other states, like New Jersey, require employers to let sick time be used for reasons related to school events and/or conferences.
Certain city laws also have specific coverage. Emeryville, Calif., requires that mandatory sick time be available to care for your service dog, and Minneapolis and St. Paul both require that the time be available for use due to inclement weather.
A majority of these laws also set parameters around when a note can be requested, and some prohibit employers from penalizing workers by “counting” absences covered under the sick law against an employee’s attendance. These requirements go beyond what the federal FMLA provides.
Complicating matters, these sick leave requirements may run counter to a company’s PTO policy that lumps all types of leave together. For instance, Santa Monica, Calif. requires employers to have a stand-alone sick time policy, specifically precluding PTO or other combination-type plans from meeting the requirements of the law.
Take a look at the employee’s history
Has the person been dishonest in other areas? Does the employee have other performance problems? Or is this the first time you’ve had to reprimand them? How you handle it will depend on both your company’s discipline policy and its leave policies.
Social media: Proceed with caution
It’s one thing if Gloria’s bachelorette party is so wild it makes the front page of the newspaper. In that case, the information is public, and you can use the news story during your chat. However, social media remains a murky area of employee privacy.
If Gloria’s Facebook settings are open and everyone can see her pictures from the bachelorette party, it’s probably okay to print out the pictures for use during your talk. However, you should proceed with caution if you can’t personally access her page. You should not ask another employee with access to her social media accounts to print out pictures for you or otherwise verify what’s on Gloria’s accounts.
Review your company’s progressive discipline policy
This outlines how your organization handles these situations, such as poor employee attendance and the progression of discipline. A typical course of action starts with a verbal warning, moving on to a written warning, possibly to suspension and then termination. This should be part of your company handbook and is meant to give guidelines and help you be consistent.
It’s time for a chat
Part of gathering facts includes talking to the employee. You have to address the issue. By ignoring it, you are condoning the behavior. It also can impact team morale, work performance and productivity.
Other workers may see it as affecting how much work they have to absorb when someone is out, or they see the employee as getting away with not following company policy. Habitual absences may cause a company to fall below its production or performance goals. Share how an absence affects these pieces of the business.
Let the employee know you’ve noticed the absences. This is an opportunity to set attendance expectations. But, it also gives you a chance to ask questions.
“Is there anything I need to know about? Anything you need from me?” You can ask if they expect this to be an ongoing issue.
Maybe you’re not aware of an underlying chronic health condition. Maybe the employee needs a schedule adjustment or accommodation based on the Americans with Disabilities Act. Don’t assume you know all the facts until you have talked with the employee.
In Gloria’s case, it might be awkward, but the conversation has to happen. Your opening line might be: “I want you to know that someone saw pictures on Facebook of you out with friends on Friday. You called in sick. What can you tell me about this?”
Explain the impact on the rest of the team: “Not being here affects the team in these ways …”
If this is a one-time issue, it may end with a verbal counseling session and the manager making note of the discussion. If it’s an ongoing issue, it may advance to a written warning. The key is to have a progressive discipline policy in place and be consistent.