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if it becomes an issue, fire him, no laws prevent you from firing someone if they are not doing the work. you cant fire them for the health issue directly, but if they arent there to work, that is separate
You can if the employee is abusing it. My husbands company asks for one after 3 days of calling in sick. It’s in their policies. Now in your case I’d talk to HR or your manager first. If you haven’t asked others I’m not sure if you could request one from the one employee. It needs to be consistent or it can be discrimination. Best to find out your company policies first. At any rate, sick of not you can have a discussion with the employee about all the time they are missing. Most companies don’t allow unlimited amount of sick time.
What is your company's official policy? Unless there's a superseding agreement in place, like a PIP or some sort of employment agreement addendum, then that's what rules. If your company does not require proof of doc visits then you will likely not be able to force this employee to provide them, as that's likely a violation of HIPAA.
Additionally, when this employee calls out, is he using some kind of sock or PTO time? Is he being paid? Does someone need to cover his work, or is it left for him when he comes in on Tuesday? Those are all factors in a very gray area discussion.
HIPPA protects medical information. By requiring a doctors note that is not violating HIPPA as you are asking the note to state that the employee was seen that day and when they can return to work. An employer can request that as the doctor does not need to disclose the reason why the employee was seen.
HIPPA protects medical information. By requiring a doctors note that is not violating HIPPA as you are asking the note to state that the employee was seen that day and when they can return to work. An employer can request that as the doctor does not need to disclose the reason why the employee was seen.
Yes, I was going to make this same point as well. The doctor's office can confirm the appointment without giving medical details that are protected under HIPAA.
I also agree with what was said upthread about creating a policy requiring documentation after X number of times of calling out within a certain period of time.
Or you could go ahead and just put him on a PIP because if it's this many times calling out, that's a problem already, and providing documentation can be part of the plan.
If it really is always Monday, then that's suspicious and I think you are correct to take action.
If your policy allows you might be able to require a note since he's set up a pattern.
Does he call in the day of or does he give you notice say on the preceding Thursday or Friday?
A very good advice people..... He calls in the day of unfortunately. When I'm scheduling tasks for the day, I don't know if I can trust that he is coming in.
In our employee handbook it states that an excuse is required after 3 days for medical absences; however, the supervisors have the discretion to request an excuse if they feel that the employee is abusing the leave policy. Most of the supervisors don't request it, they operate on the honor system but most of us provide an excuse anyway. When I was a manager, I didn't request it but my employees were aware that it was a policy and at the discretion of the supervisor to ask for it. I would discuss things with the employee and find out if there is an underlying issue without being too invasive, if that's possible.
I do believe there is an underlying issue. Drinking on Sunday night. I hope I'm wrong though. I feel like there is a hangover involved in his Monday call outs.
If you ask for notes, you need to do it with some sort of consistency. After 3 days, or 3 last minute notifications, or whatever. Make a policy for your Dept, get your boss to sign off on it, and implement it.
However, in this case I don’t think it necessary. If you call out with no leave to cover the absence, that is reason enough to terminate. I don’t care if it is taken without pay. The reason to have a designated leave bank is to be able to manage your work force.
First, make them cover the missed time with PTO. Then, the first time they miss a shift with no PTO you give them a written warning. The second time is a final warning. The third time is termination for cause.
You're crazy. So if someone is legitimately sick they can't call out unless they can see into the future and request time off before they are sick?
I would suggest that people with no clue about employment laws especially local ones should stop giving bad advice
At my company, there's a policy that employees can call in sick three times in a year, and each time if less than three days, they don't need to submit a doctor's note. For the fourth time, the employees need to submit a doctor's note even for just one day.
For someone who calls in sick often on the day before or after their days off during the week, the weekend, or their vacation (this is a hospital setting), the manager would request a sick note even that person calls in sick for just one day.
Whoever does not follow this policy will be strictly disciplined.
Company policy at my current/previous jobs---out for more than three days requires a note.
At one of my other jobs, if you called out sick more than once a month, if they noticed a pattern (like that you often take off Mondays or Fridays), etc. you could be written up/have a letter placed in your file.
You're crazy. So if someone is legitimately sick they can't call out unless they can see into the future and request time off before they are sick?
I would suggest that people with no clue about employment laws especially local ones should stop giving bad advice
??? Are you under the mistaken impression that you can't be terminated for calling out sick just because you have a dr note?
Quote:
Originally Posted by fishbrains
First, make them cover the missed time with PTO. Then, the first time they miss a shift with no PTO you give them a written warning. The second time is a final warning. The third time is termination for cause.
This is very similar what our company does, although the process is a little more lenient in giving more missed days before termination.
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