This includes the birth of a child, caring for a newborn child up to the ago of one year. Adopting a child and caring for a newly adopted child during the first year. Caring for a parent, spouse or child with a serious health condition Being unable to perform job duties as a result of a serious health condition. Emergencies arising from the child, spouse, or parent of an employee as a result of being involved in the military. [3] X Trustworthy Source US Department of Labor Federal department responsible for promoting the wellbeing of workers Go to source
Undue hardship is defined as, “action requiring significant difficulty or expense” when considered in light of a number of factors, including how much the accommodation will cost and its nature in relation to the size, available resources, nature of the work, and structure of the company. [5] X Research source
Keep in mind that if your employee is covered by one of the laws discussed in Part 1, you may have to adjust accordingly.
In this case, it is unlikely that you will need to take any disciplinary action. However, you can ask the employer to provide notice of when and how often s/he will need to take off work if, for example, the absences are related to a health problem. While it is not appropriate to ask for information or details about any diagnosis, it is fair to ask for documentation from the doctor so that you can plan around the needs of the employee. [9] X Research source Be aware that what constitutes a legitimate excuse may be different in different situations. Take each reason on a case-by-case basis. If your employee has an explanation that you believe, and evidence to back it up, then give them the benefit of the doubt. You don’t want your employee to feel as though he is distrusted and constantly needs to defend himself, as this can result in stress and dissatisfaction for the employee. If your employee does not have good explanations or evidence for his absence, continue with steps to address the issue.
Also be aware that he may not have a good excuse for his absence. In this case, you should still remain calm and concerned. It will not be helpful to scold the employee or make them feel even more embarrassed, particularly if you are interested in keeping them as an employee.
Document the meeting and make it clear that a verbal warning was given. It is important to have evidence that you discussed the matter with the employee, and that it is clear what went on in the meeting. This could help avoid future disagreements about what went on and what didn’t.
Provide a company of the employee handbook, if applicable. Mark the page that contains the information about attendance, and the consequences of missing work. Make sure the employee understands your policies on paid and unpaid leave. If he is entitled to sick time, vacation time or unpaid days off, explain that you need notice so you can adjust the schedule. He must call in sick at opening time to use a sick day, and provide a doctor’s note, if your policy calls for this. Also explain who must approve any leave time; this could be you, or another supervisor, but be clear.
Ask your employee to read through the action plan and sign it. Explain to him that by signing the document, he is indicating that he understands the information contained in the document. Make a copy of the document for the employee to keep, and place the original in the employee’s file.
Be consistent in your enforcement. If you look the other way sometimes but not others, or show favoritism toward some employees, you will create a chaotic environment where employees feel resentful and take advantage of your inconsistency.
Deciding on the right kind of disciplinary action should be done by considering the history of the employee, the reasons for his absence, as well as your company’s policy.
