Elvis and Priscilla

Scenario:

The flu bug is going around.  Two of your employees, "Elvis" and "Priscilla," have been absent the last three days.  For both Elvis and Priscilla, the third day absent pushed them over the edge and they are now in violation of your company absenteeism policy.  Let's assume for this scenario that prior to their first day sick, they both had five sick days in their "benefit bank" (Available to use).

According to your existing policy, what action should be taken if this is the first time either of them has violated the company attendance policy?  Can't call it yet?  Ok, let's hear their stories.

Priscilla said she had the flu but did not go to the doctor, she just let it run its course. She said she did not have the money for the co-pay, no one was available to take her to the doctor, and even if someone would have taken her, she didn't feel like leaving the house she was so miserable.

Elvis on the other hand had the flu also, but he went to the doctor and has provided his supervisor with a doctor's note "proving that he was sick."

Now can you call it?  Hopefully you can, but let's throw in some more information and let's see if you wiggle around a bit.

Priscilla is a tenured employee, has earned numerous company awards; a top producer (when she shows up for work);  she is an individual characterized by honesty and integrity.   A coworker had to drop off something to Priscilla on the second day of her illness. That employee stated Priscilla looked like "death warmed over."  There is no question that she was legitimately sick.  Her other absences were similar in nature: colds, headaches, etc.

Elvis has only been with the company 11 months and is an average performer.  He is a single father with custody of his two children; many of his other absences were spent caring for minor illnesses of his children.  Earlier this year, on a day he called in sick, it was reported but never confirmed that he spent the day at an out-of-state theme park.  You spent time with him and his well-mannered, well-behaved children at the last company picnic; you like him, and think he has great potential.

So what is the verdict?

1. It is our belief that you should have been able to determine a course of action in this scenario, on the basis of total (or average) absences only.  Unconfirmed information/rumors of sick days at an amusement park, or the number of awards an employee has won should never come into play when evaluating a person's attendance.

2. There are unfortunate instances when you have a "star" employee that is struggling with attendance, and has received enough warnings that he/she is getting close to being terminated for absenteeism.  However, the test of your attendance policy is its application to "good-eggs" and "bad-eggs" alike.  If you are not willing to hold a "star" accountable to your policy, then you need a new policy.

3. A policy is fair or it is not; the violation point must be universally unacceptable.

4. Your attendance policy needs to name the time-off types that negatively impact attendance.

5. Doctor Notes/Excuses are a dime a dozen.  Consider making it policy that all non-FMLA related sick-time negatively impacts an employee's absenteeism record.  In this case Elvis had a note and Priscilla did not...did Elvis's note make up for the lost productivity in your company that day?  Did it prove that he was sick; should Pricilla be suspected of lying?  What if she said she misplaced it?  What if the handwriting on the note looks like that employee's handwriting?  Wouldn't it be easier to have a policy of "Doctor Note Shmoctor Note...all Non-FMLA sick-time negatively impacts an absenteeism record"?

6. In general, for all company policies, you should review a policy that creates consistent conflict between Human Resources or senior staff and line management when it is applied.

Now, whenever you receive adamant advice such as this, the first thing you are probably doing is trying to find exceptions.  We've thought of a few exceptions too...but they are rather extreme and obvious; nothing a group of intelligent managers would have to haggle over before making the exception. 

If you would like to discuss the advice that has been offered, or if you would like to know what we think of doctor's notes for non-FMLA related absences call us at 740-654-8106.

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