Is There a Legitimate Issue For All of Those Sick Days?
Every HR professional encounters this sooner or later: there is an employee who keeps calling out sick. When they are at work, they don’t accomplish much. They take extra long breaks, arrive late and leave early. They seem to have a lot of doctor appointments but never seem to “get better.” Are they having a legitimate health issue? Are they dealing with a disability? Or are they slacking off and hoping you have an unending supply of sympathy?
It is important to find out what is actually going on with this employee. Your instinct might be to write them off as unreliable but if you do terminate this person’s employment and they are suffering from a disability? You have just opened your company up for a serious lawsuit. More importantly, it is possible that your employee might be eligible for benefits like social security disability that will allow them to reduce their work responsibilities and take care of themselves without having to worry about how they will pay their bills.
Obviously, this is a sensitive matter. You must approach it sensitively and correctly to protect the employee, yourself, and your company from damage. Here are a few tips to help you do this.
Asking About Issue Impact
You cannot compel an employee to disclose a medical issue or health problem like addiction. A good alternative, however, is to meet privately with the employee and talk about the impact that their erratic behavior and absences have been affecting other members on their team. As noted on the Moore Stephens Tiller blog:
“You can talk to all of them about the impact of their health-related difficulties. In the process of discussing company policy, you might open an avenue for a more frank discussion by asking if there’s anything in the work environment and their specific jobs that is affecting their performance and conscientiousness. Ask if they’d be more comfortable talking to someone outside of the department, like an HR professional.
You can be empathetic without pandering when you discuss solutions.”
If you are successful here it is possible that the employee might open up to you about their issue and what has been going on.
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Offer Options
You probably know that under the ADA people with disabilities must be offered accommodation for those disabilities. This is true whether or not you have actual proof that the disability exists. As Nolo points out, your even suspecting that an employee has a disability (even if you are wrong) qualifies them for ADA protections and accommodations.
The best way to do this is to set up a private meeting with the employee and ask them what sort of accommodations they need. Make sure to phrase this well because you don’t want to sound like you’re accusing the employee of anything. Something like “I’ve noticed that you seem to be having a hard time with [task/duty/schedule/etc]. Is there anything we can provide to make that simpler for you?” is often sufficient.
During this meeting, you can also ask how they’re doing, how they’re coping, etc. Make sure the employee knows that the meeting is confidential so they feel safe sharing potentially private and sensitive information with you.
Requiring Proof
As we’ve already stated, even the suspicion of a disability requires accommodation. Even so, if an employee is claiming a need for extended medical leave or sick days it is within the company’s right to ask for a doctor’s note. Understand, however, that the doctor’s note does not have to include any specifics as to the employee’s medical issues or diagnoses. The note simply has to state that the doctor agrees that extended time off is/was needed for the employee’s health.
Important: While you are within your rights to follow up with the doctor to verify the employee’s appointment, you are not entitled to any details regarding the employee’s medical issues. Even asking will likely get you in trouble.
It’s a tricky situation to be in, to be sure. But if you proceed with empathy and take care to protect the employee’s privacy you should be able to figure out what is going on with your employee.
