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HR does not have a policy on what acceptable leave usage is?
Basically, the rules are this:
if you have an absence due to illness of 32 hours straight due to illness, then a doctor's excuse is required to code it as medical leave. Without a doctor's note, all hours of the absence gets coded against personal leave.
As far as what is viewed as acceptable leave usage, it isn't really clear. As long as you technically have the time available then you can use it. I just personally feel that there is a limit to what is truly acceptable.
For instance, I have accrued almost 1,800 hours of personal leave and medical leave. So, I am "entitled" to that amount of leave. Of course, it would be in poor taste for me to suddenly start burning massive amounts of it, as it would cause mayhem at our office.
Even though I supervise the employee in question, I actually can't see how much leave she has available; I can only track how much she has used. So, I don't truly know how much leave she has available. I can't imagine that she has many hours available though, as she seems to burn leave as fast as she earns it. If she was honest on her timesheet, then she would absolutely be burning it faster than she earns it. She has avoided being on leave without pay thus far. She does occasionally log in from home for an hour or two at night but I personally believe that she is doing this to earn some comp time to keep from going on leave without pay. I don't believe she is actually being productive and getting anything done with her time when she does this.
I see no problem with people using leave they've accrued. That's what it's there for. In fact, I ENCOURAGE it. If she's used 90 hours in 3 months, and she's HAD 90 hours to use? I see no problem other than it's an irritant. I'd encourage her to anticipate those things she can, give some type of notice and let her use it.
Now if her work is suffering from the use of leave, then that's an issue all to itself. I use A LOT of leave, but I also get my work done.
I don't see the relevance of pointing out she was a 'minority female.'
Sure sounds excessive leave to me, but that's on it own merits.
Suburban Guy, I pointed out that she is a minority female because I am a white male and I don't want her or anyone else to be able to say that I was discriminating against her. For me, this is an issue of discipline, honesty and work performance.
Jardine, the policy doesn't account for last minute call in's. I would ask if there is a specific policy around that, and if not, is it left up to the discretion of the manager.
Why did you give her any leeway? Did you give leeway or sympathy to other people who asked for time off? Her being a minority, single parent female, should have been immaterial. The only thing that should have been taken into account is if she, or an immediate family member, is dealing with a medical issue, in which case she should be using FMLA. Is she? I don't think she's required to tell you, but is it possible that it's something that she has on file with HR?
Your handbook or other records about policies should spell out what is considered excessive absences. Is the amount of leave that she took within the parameters of how much leave she can take without being reprimanded, or are you using a subjective parameter?
What are the rules for documenting call outs and attendance issues? Have you been keeping a paper trail? Have you given her verbal and/or written warnings? You say that you can't do all of that. Well, you're supposed to, if you want to provide suitable reason for termination. Otherwise, it's entirely possible that she could pull "the race card" and win, for the exact reason you mentioned; other employees HAVE taken the same amount of leave, regardless of the reasons. Just because it's excessive in your eyes, doesn't mean that it is, in the company's eyes (or government/federal agency).
You might not be able to get rid of her based on her attendance. However, if you really want to get rid of her, I'd focus on the falsified time sheets, especially if documentation or log ins are done electronically. Frankly, you've allowed this to happen, and it's very possible that she's milking this (and the company's policies) for all its worth.
I supervise several employees that are part of a larger IT team. I have one employee that I view to be a below average performer and who, IMO, has a leave usage issue. This employee is a single minority female with four children.
I wonder if the issue is because she's a minority? Because there is no reason this should have been mentioned.
Bottom line, if you have an employee who has a leave issue, government agency or not, they get written up and there is a paper trail involved.
I would normally be the first one to say fire her, but since you don't think it's possible, just leave it alone.
I am a DoD contractor and I see all kinds of this stuff. If they are a contractor, they can get fired; if they are a civilian employee, they can't. Oh well, now go back to your office and mind your own work.
Or, if you can't beat 'em, join 'em, because you can't get fired either, right?
Suburban Guy, I pointed out that she is a minority female because I am a white male and I don't want her or anyone else to be able to say that I was discriminating against her. For me, this is an issue of discipline, honesty and work performance.
You made it sound even more discriminating because you mentioned it. If it was truly an issue about performance and honesty, the color of her skin should not have come into question at all. And I am a white female.
Folks - please end the speculation now! It has absolutely nothing to do with her being a minority. I can't make that any more clear. I mentioned it because I view it to be relevant due to the fact that I am a white male. Like it or not, I don't want anyone accusing me of being a racist when the real issue is reliability and work performance.
To sum it up, my real issue with the employee is this:
1. No real notice on days that she calls it, such as with her kids being out on fall break. She knew this ahead of time and simply failed to plan.
I know if someone gets sick overnight that I am going to get a call that morning saying that she will be out for the day. I completely understand that and have no issue with it. It is the other absences with no notice that drive me nuts, as it basically indicates to me that she is a chaotic undisciplined mess.
2. Lying on her timesheet. Her leave time is actually understated because she falsifies her weekly timesheet virtually every week by lying about what time she shows up to work. The problem is that I can't hang out by her cubicle every morning to make sure that she shows up at 8AM.
IMO - if she "earned" that leave, she's entitled to take it. That said, I would think there is some guideline/requirements that need to be met with regards to taking the leave (notice/approval, Dr's note, etc.) via the HR handbook? If so, I would make sure she understands it.
But all in all - with regards to #1, I would sit her down and discuss this with her. Especially if this is impacting her performance or the ability for your team to perform.
#2 - not sure why this hasn't been addressed already. Especially if she's hourly and the timesheet is "official" in determining her pay, this in itself should be cause for termination. You don't have to camp out by her cubicle, you simply sit her down and discuss the issue with her.
To me, excessive leave is more about how they handle the communication of it than it is the frequency of it. I've had staff that took every Friday off over the summer to be with their kids. That being said, if they are not getting their jobs done, that in itself is an issue regardless if leave is taken.
I have thought about talking to her about her timesheet issues but I basically know how it will go - she will deny it and claim that she doesn't know what I am talking about and it will basically become her word against mine because I can't prove that she is late every day. If I was by her cubicle each morning I could prove it but I can't. I am only to be over there some of the time and have caught her late a number of times. When that happens, I make sure that she notes it on her timesheet and uses personal leave for the time missed.
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