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Apr23

Sick Time Harassment

Can an employer who has sick time pay as part of their benefits, also discipline an employee for using their sick time appropriately? EXAMPLE:

NUMBER OF OCCURRENCES LEVEL
3 Occurrences Verbal Warning
4 Occurrences Written Warning
5 Occurrences Final Written Warning
6 Occurrences Termination

Keep in mind these occurrences are even if the employee follows company policy on using their sick time…

Yes, an employer can discipline an employee for taking excessive sick days, even if the employee has paid sick leave remaining. If the employee does not qualify for time off under FMLA or ADA, this is a performance issue. An employee simply cannot do a good job if he or she is not at work.

Recently, we heard from an employee who has accumulated 250 hours of sick leave over a number of years. He was taking an average of 2 sick days per week, for very minor illnesses, in an attempt to use the sick leave up. His employer can and should terminate him if he continues this behavior. This is an extreme example of the same situation.

Your company guidelines for absences seem reasonable.

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This entry was posted on Friday, April 23rd, 2010 at 7:43 am and is filed under
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One Response to “Sick Time Harassment”

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