Employer asking for explanation on absences??

[KM Managers]

What is the name of your state? CALIFORNIA

Our company owner has been reviewing 3 months of attendance records. Now he is requesting that the managers approach approx 5 employees and ask them to give written explanation regarding their absences or tardies. Explanation meaning specifics of why they were unable to be present at work. Is this legal for him to request something like this?


TIA

 

[Beth3]

Yes, and it's a legitimate request. If there are employees who are frequently/chronically absent or tardy, the employer needs to have an explanation from the employee as to the why for any number of reasons, including determining if extending FMLA is appropriate (although if you have under 50 employees, disregard that.)

Let me give you a likely example of why the "why" is important. Jane is an excellent employee and typically has had very good attendance. She's reliable and concientious. Over the last three months, she's been frequently absent. After inquiring why, it turns out her husband has cancer and she is absent when she needs to take him to chemotheraphy or to "nurse" him at home on those days when he's debilitated from the treatments. The employer will certainly want to show Jane some special consideration of her situation.

June, while absent with the same frequency as Jane over the last three months, usually calls in sick on a Monday or a Friday. June has not offered any compelling personal reason for these absences (as has Jane) and it's pretty clear she likes to party on the weekends. June gets a final disciplinary action for her absenteeism and is told if she doesn't shape up asap, she's history.

There is nothing illegal whatsoever in asking an employee why they were absent and it's a good idea to do so if the employee doesn't volunteer that information. If an employee refuses to offer any further explanation than "it's personal," I'd let it go unless the person was frequently absent for "personal reasons," in which case I'd tell them that unless they're willing to offer more of an explanation (which would be kept in confidence), then they're facing disciplinary action for excessive absenteeism.

 

[KM Managers]

Beth3


Thanks as usual you are much help to us. I got a couple of more questions though if you don't mind . What would be considered excessive? Let's say the employee is not comfortable disclosing this information is it grounds for termination? example :

employee # 1 = absent 6 days
employee # 2 = absent 9 days

To me personally 9 days of absences is not excessive over a 3 month period. What do you think?


TIA

 

[cbg]

"Excessive" can be influenced by a number of factors. I would be more lenient with a long-term employee who has always had a good record and suddenly began missing a number of days, than I would with a new employee who has not established any credibility yet. However, 9 absences is more than many companies give for an entire YEAR. Unless FMLA is involved, I would say that 9 absences in a 3 month period is excessive.

And yes, an employee refusing to give any information about the absences can be considered grounds for termination.

 

[Beth3]

I think each employer needs to decide what constitues "excessive." Yes, I do feel that nine absences over a three month period are far too many. Nine absences over a six month period is excessive, in my opinion. However if the employee had a really compelling reason (see "Jane" above), and otherwise had had excellent attendance, I'd factor that in.

Each situation needs to be considered on it's individual merits. If neither employee's supervisor has talked to them previously about their attendance and/or disciplined them, I would not terminate them but I would put both on final disciplinary notice that their attendance must improve immediately or they will be terminated, assuming there are no overwhelmingly compelling personal situations occuring.