If your employee has violated your sick leave policy, you can take disciplinary action.
The key is to make sure that the sick leave doesn't fall under the Family and Medical Leave Act.
If you have 50 or more employees who work at your location or within 75 miles of that location and have worked for you for at least 12 months for at least 1,250 hours in that time period, they might be entitled to a total of 12 weeks of unpaid leave for any of the following reasons:
It's important to have open communication with your employees about their reasons for calling in sick to determine if it falls under the FMLA. If you're unsure about an employee's status under FMLA, it might be a good idea to ask your attorney for clarification.
Keeping in mind that you can't discipline employees who qualify for leave under FMLA, the following steps will help you determine if your employee is abusing your sick leave policy.
It may be time to update your sick leave policy if employees are taking too much time off. Otherwise, if you only have one individual who's abusing the policy, then it's time to start asking the right questions and documenting the answers.
US FMLA Fact Sheet
FMLA Fact Sheet - Employee Notice Requirements
Human Resources Management Association - Managing Absenteeism in the Workplace
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