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Sick Again?!
By VICKY BROWN
Sick Leave. I’m finding that it is a top of mind issue for most business leaders I talk to. Now I know that’s because basically sick time has expanded over the years. And state by state there seems to be a movement of rolling out additional programs like paid family leave, and expanded sick leave.
In fact California is one of the states expanding sick leave requirements, effective January 1st.
Of course, you and I both know that these programs can be really helpful when your team member needs to take care of their own or a family member’s illness. And after all we’ve been through recently – you certainly don’t want someone coming into the work space when they are ill – that’s not good for anyone concerned.
But I do sometimes hear an underlying frustration from managers and business leaders. “People are using sick time as additional vacation time” or “I can’t go a whole week without someone calling in” or “there is no way I can manage like this”.
And sure, managing through the myriad of leave programs can take some leadership finesse. But it’s absolutely possible. You just have to be rigorous about things like tracking the time taken, maintaining open communication with your team members, and not letting your emotions in the moment get the best of you.
And speaking of letting your emotions get the best of you – the things I have heard come from managers…I know it’s just because they are frustrated, and feeling helpless in the situation; but I cannot stress enough to you that at all times you have to have one eye turned toward your responsibility around compliance.
“…You have to treat each situation in accord with the applicable law – and while that may not make sense to you (and I get it) – the last thing you want to do is take a step, only to find you’ve stepped in a pile of legal poo poo.“
You have to treat each situation in accord with the applicable law – and while that may not make sense to you (and I get it) – the last thing you want to do is take a step, only to find you’ve stepped in a pile of legal poo poo.
So, in that spirit – here are some scenarios I have experienced, that are….well shall we say – problematic.
The manger wants to fire the employee because they have been out for a week.
Well, first up – most, if not all, sick leave programs provide at least a week of sick leave. And even if they didn’t – firing someone because they have been out sick for a week isn’t a good look. Besides, maybe they have used up all their sick leave, there are usually actual leave programs available as well. Things like paid family leave, or disability. The issue here is – there are quite a few steps that need to come before you let someone go.
You need to review with the employee how much their doctor thinks they may need. Talk about leave program options, and even the possibility of using other time available like vacation time or personal days.
This really needs to be an interactive discussion. But for the sake of argument, let’s say you have had some of those discussions in the past – the fact is that this is a new situation, so you really should have them again.
California has updated the state’s sick leave guidelines for 2024. Are you ready?
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Alright – let’s say all those avenues have been exhausted. The next step is to discuss with the employee that their job may be in jeopardy because (and again, I can’t stress this enough) there is no other mechanism available to provide them additional time off.
OK – I can hear you saying, why does it have to take so many steps, why can’t I just cut to the chase. This is just a waste of time.
Well, the first thing to remember is that you (of course) don’t want to penalize someone because they’re sick. And you certainly don’t want to wipe out their livelihood, when there may have been other options.
And second, if you’re seeing a lot of call outs, it’s not a bad idea to take a look at that group or team. Sometimes this can be a sort of canary in the coal mine situation. It may point to other issues that are contributing to the team members feeling disconnected.
Trust me – this isn’t just good advice from a employment law standpoint, it’s good advice from a good culture viewpoint as well. Because the best antidote to rampant call outs is to build an engaged, committed team – that’s dedicated to excellence. In fact, that’s the answer to a lot of employment relations challenges.
I know it’s not the end-all or be-all answer; and I know it’s easier said than done – but if you keep your eye on developing great culture, and creating a space where the team is learning and doing their best work – it puts your focus, as a leader, squarely where it should be.
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