Whether is a habitually absent, tardy, or sick employee, many companies have to deal with trouble employees. In these circumstances, it is important for employers in California to know how to respond to these situations. Is it possible to fire an employee who claims too much sick time?
Checking the Statues
In dealing with habitually absent, tardy, or sick employees, it is important to determine first whether any federal or state statutes apply. For instance, if you have within a 75-mile radius 50 or more employees, the employee has worked has worked at least 1,250 hours in the past year and has worked for your company for at least a year, then the employee is most likely covered by the FMLA.
In case that they are absent because of a serious health condition, this Act requires the company to allow an employee to take “intermittent leave”. In this situation you may have a federal law to contend with in case that your employee keeps missing time due to chronic illness.
Among the conditions that often qualify for protection under FMLA are: diabetes, asthma, cancer treatments, mental illnesses, and epilepsy. Under FMLA, employee would be entitled without losing their jobs to up to twelve weeks per year of unpaid leave if the illness is qualifying.
The company does not have to pay an employee using FMLA leave and can require the employee to provide medical certification of their serious health condition and to give advanced notice about their leave.
Another law to take into account in addition to FMLA could be the ADA. This requires companies to reasonably accommodate employees with a disability as long as they can perform their job with the accommodation. A reasonable accommodation might include allowing for intermittent leave beyond FMLA requirements or a transfer to an equivalent position.
What Happens When It Runs Out?
If an employee exhausts their FMLA leave for the year and does not qualify as disabled under the ADA, the company may discipline them if they still need to call in sick. Unless the state law provides additional restrictions, the company may even terminate them. Before taking any action, in order to be sure it is recommended to contact a local attorney who is experienced in employment and labor laws.
Companies can handle situations involving habitually absent, tardy, or sick employees by having a policy in place. These policies can be given to employees as part of their hiring packet. They should cover topics such as ADA, FMLA, and other types of attendance, leave, and discipline. Companies should consistently enforce the policies equally among all employees.