Cold and flu season is going full tilt. But what can you do when you suspect an employee is abusing your sick leave policy?

Q : We have an employee who constantly is taking time off for doctor’s appointments, calling in sick, and leaving early. These absences are very injurious to our office, but we are troubled that he might be protected under the FMLA or ADA. Can we discipline him for what we believe to be inappropriate absenteeism?

A : As a general rule, if an employee’s absences are above your stated policy ( for example, the employee has taken more paid days off than offered by your policy ), you likely can take whatever disciplinary action you’re feeling is appropriate. before taking any action, you must decide whether you have any obligations under the Family and Medical Leave Act ( FMLA ) or the USA citizens with disabilities Act ( ADA ).

Most companies define exaggerated absenteeism as absences in excess of what you permit by policy ( free Attendance and Punctuality policy ). So, allowed absences that are taken according to your absence and leave policies are not considered inappropriate. So , if the employee’s absences are covered by your paid time off policies, you should permit them. Note, though, that just because a worker has a doctor’s note to justify an absence, you may still consider the absence inappropriate if the worker has used all of the days permitted by your policies.

However , you’ll have to disregard absences required for reasons covered by the FMLA and the ADA when determining whether an absence is exorbitant and discipline is known as for. Both the FMLA and the ADA limit the right to discipline or discharge for absenteeism. However , coverage under these laws is in no fashion automated, and you need to analyze each situation by itself merits.

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