Posted: 9/18/2006 11:28:54 PM EDT
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I know this is the absolutely best place to ask this, but it is the middle of the night and my Chief isn't in till the morning and hell I like discussion. I have an employee that is past probation. She has called in sick 12 days in a row. She has no chronic type illness. It is always something different. She has called in sick quite a bit in the past. She now has used all her sick leave and vacation and how is taking leave without pay. She does have doctor's notes. Can we fire her for no being able to perform her job. We require 40 hours a week with a certain amount of sick and vacation time off. She has shown she can't even be here that much. |
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Since this sounds like an ADA minefield, and I don't know that public agencies are necessarily exempt, your best bet is to wait until the Chief and you can talk it over with your Personnel / HR people. It would be a good idea to be listing the impact this is having on your department, and what you're having to do to cover her work when she's out. "Always something different" could be found by a Dr. and or a lawyer to be not the real problem she has. Maybe it's something else she just doesn't want to talk about (hopefully the info about why is being volunteered by her rather than from probing questions) or doesn't even recognize herself. The reason I mentioned her volunteering the information is that a friend who managed a retail outlet for a chain said that they wereb't allowed to ask ANY questions about the condition keeping someone from coming to work, due to ADA. That sounds extreme, and maybe was a corporate over-reaction, but it's worth finding out jsut what you should or shouldn't do. It almost goes against the nature of your work to not ask questions, so be careful. Maybe there's something (or someone) else on her plate. Follow whatever disciplinary policies exist within your agency very carefully, and you should come out OK. Usually it starts with "coaching" (documented by the coach), then written warnings, suspension, and so on, similar to how you escalate with non-compliant "clients". If you don't have much in the way of policies laid out in an employee handbook that she acknowledge in writing that she received, your approach might best be augmented with a lawyer's advice. Do you have a testing policy? |
Careful, the COC asks that you don't generalize against those of us who have slots instead of tabs. Surely you don't mean to say women are a problem in the workplace. You sexist. 
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Just giving a fact about my personal expierence. I'm not saying it is a generalality. |
That is the bad thing. We have proceduces and bad precedences. We have been WAY to easy on people in the past. |
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I would think since she has a doctor's note (unless it's fake) could be grounds for her to sue if you fired her. Now, you could find 'other' things to fire her for. I could definately be wrong, but I would guess since she is not being paid to be at home (her sick days are used up) and she has a doctor's note, a judge/jury could have a hayday with unlawful termination or some crap like that. Just my opinion, as I've never had any experiance with it. |
Just follow the WRITTEN policies and procedures. This should be a progressive discipline process. She should only be getting a specified number of days. Her first (documented) counseling session should be to review the number of sick days she is allowed. How she accrues more days and how many she has used and and can expect to accrue. then she should be counseled on all the various avenuse open to her, FMLA, etc. HR should be involved in this to make sure everything is correctly briefed. Once she is out of policy she should be given discipline (documented) in accordance with the policies. Her first verbal (and it shoud be witnessed) or written notice should get her attention. BTW giving her time off for taking too much time off, may not be the right discipline. She blows it and now HR has the documentation to let her go. AND no valid repercussions. or let the Chief fire her without dotting the I's and crossing the T's and it becomes a bigger problem. |
Doctor's note could be for putting her on or keeping her on disability. If a person is unable to perform a job, it is up to the employer to make reasonable accomodations. Now if she falsified employment papers, say hiding a previous condition, that's a temination offense right there. The way it works is you make an offer, then determine if the person can physically perform the job. If he/she can't the offer can be rescinded. This is in accordance with the ADA, you made your employment decision without regard to her disability, see you offered her the job, after she accepted it was determined she was unable to do the job, then she can be terminated. An employer only has to make reasonable accomodations. If they can't do the job with accomodaations they can be let go. In any case it has to be documented, and if necessary progressive. |
| If someone is gonna get fired it will be for attendance, after all its on paper. You should first discipline the person for JUST CAUSE. Make the discipline progressive, first a verbal discussion, second a formal letter of reprimand, third suspension, and fourth termination. Then make sure no one's brother-in laws are getting preferential treatment that she is aware of. You should have taken control of the situation earlier but if you have let her get away with her transgressions other employees will see that. take control and begin the process in those steps. Explain to her the discipline procedure I am sure she will be scared straight. Do a google search on JUST CAUSE for attendance there should be plenty of company manuals that outline the discipline. |
Yes we use the progessive discipline process. |