How to Tame Stubborn Employee Attendance Issues
With California’s new sick pay policy, it has become more difficult to manage employee attendance issues. For example, with the new law, you cannot discipline or retaliate against employees while they are using accrued sick time nor is it advised that you require a physician’s note. This complicates matters but does not prevent employers from dealing with employee attendance, the trick is knowing when and how to start a disciplinary process with an employee who is abusing time off.
Let’s learn more about managing employee attendance issues.
Let’s first assume you’re in compliance with the sick pay law and that you are offering and tracking sick time accrual, you have posters and paycheck notifications and your employees are clear on your company’s policy. (If not, contact Infinium HR today and we’ll get you taken care of).
Note that employees are free to use their available sick time for health-related issues for themselves or their family members, (as well as domestic violence or sexual assault issues). It’s important to know that while they are using paid time off under the sick time law, they are protected from discipline or retaliation. Once they are exceeded their paid sick time accrual (3 days or 24 hours annually), they are no longer protected by the law for attendance problems.
Talk with the Employee About the Problem
Once you are aware there is an issue with excessive employee attendance, it’s time to first talk with the employee. Don’t wait too long, the first signs should be very apparent, any unexcused absences more than 5-6 days per year can be considered excessive if there are no obvious issues you are aware of. Make sure your company policy is tight, and that you are consistent with all employees in how you respond to absenteeism.
This first verbal meeting does not have to be disciplinary, it can lean more towards counseling. It’s best to seek first to correct the problem rather than punish the employee. Be prepared to explain how time off hurts the business and affects other employees who must cover for them. Also, be prepared to make the employee aware of attendance standards going forward and what your company policy is.
Accommodation Issues
Ask the employee whether or not the company can do anything to accommodate their issues. Perhaps flexible hours, specific time or partial days off periodically, or something else considered reasonable. Be aware of privacy issues here, but as an employer, you have a requirement to engage in a conversation with an employee who may need an accommodation once you are aware that there could be a health or family related issue. This interactive accommodation conversation is designed to determine whether or not the company can handle the accommodation the employee might need.
Plan of Action
Assuming there is no accommodation that the business can provide, and if you are unable to define the issue or correct the issue from the business end, make sure the employee leaves the meeting with a specific plan of action to correct their attendance problems and be sure they know exactly what’s expected of them.
Monitor and Act When Necessary
Monitor the employee from this point forward, and if there are any unexplained or excessive days off in the next 30-60 day period, you may need to formally discipline the employee and document the meeting. Make sure at that point, there are clear consequences for further absences beyond what is normal.
If absences continue, a termination may be the only solution as long as all other avenues have been considered. Employees that don’t respect workplace attendance will likely wind up causing additional problems if not corrected.
Dealing with employees and absenteeism is trickier than it used to be but if your consistent and live by your company’s policy, you’ll be able to make decisions quickly that will correct issues or eliminate the attendance problem as quick as possible.
If you have any questions on this issue or any other HR problem, please contact the experts at Infinium HR at info@infiniumhr.com.