Sick Leave Administration
Eligibility Requirements
Each handbook and collective bargaining agreement includes eligibility requirements for employees to receive sick leave benefits. Department work rules and contracts may also include specific language for the use and eligibility for sick leave. Supervisors should review all claims for sick leave benefits to determine if employees meet the eligibility standards.
General requirements for sick leave eligibility include:
- An employee’s absence is because of an employee’s or immediate family member’s illness, injury, exposure to contagious disease; or when an employee requires treatment by a physician.
- An employee must notify their supervisor in advance of the absence and whether the absence is covered by an approved leave request.
- An employee must keep their supervisor informed of their work status, availability, and estimated day of return to work.
If an absent employee fails to meet eligibility requirements, their absence must be accounted for with other paid leave, or as unauthorized or authorized leave without pay.
Health Care Provider Certificate Requirements
Depending on the handbook, contract, or bargaining agreement, employees may be required to submit a health care provider or physician certificate provided the sick leave is not used in conjunction with FMLA. Supervisors should be familiar with these agreements and plan ahead so they are fair and consistent in their requirements for a health care provider certification.
Physician’s certificates must contain the following information to be acceptable:
- Signed by the attending health care provider.
- Includes the date when the employee was seen by or spoke with the attending physician.
- Includes a statement that the absence in question was due to illness, injury, etc., (though it is not necessary for the physician to state the specific nature of the illness or injury) and that the employee was unable to report to work.
If an employee submits a certification that does not contain the acceptable minimum information, supervisors should request a new slip. If acceptable minimum documentation is not provided, the absence cannot be approved as sick leave. If an employee presents questionable or suspicious documentation, contact Human Resources for assistance.
Denying requests for sick leave benefits
Supervisors may consider denying requests for sick leave for the following reasons:
- When an employee is ineligible for sick leave benefits or out of sick leave
- When an employee requests use of sick leave for an ineligible reason (i.e. taking pet to the vet)
- When there is evidence that the employee’s absence was not necessitated by illness, injury, or other qualifying condition. For example, an employee is given a directive and immediately requests to go home sick.
- When an employee calls in sick for a day they had requested as vacation and were denied.
Employees should always be given a chance to verify their claim for sick leave.
Addressing absenteeism
Demonstrating concern
If an employee is using a large amount of sick leave, supervisors can meet with them to express concern. However, supervisors should never ask about the nature of any illness or medical condition. Instead, supervisors can share that they have noticed the amount of sick leave used, that attendance is important to the essential function of the employee’s job. It is also important to provide the employee with information about the Employee Assistance Program and Family and Medical Leave.
Example: “If your sick leave use is due to a serious medical condition or family situation covered by the Family and Medical Leave Act, you should fill out an application for Family Medical Leave right away. Applications and assistance are available in the Human Resources Department. Applications are also available on EmployeeNet. And here is a brochure for the Employee Assistance Program, which is a completely confidential benefit for you and your family members.”
Supervisors should continue to follow sick leave administration and family medical leave policies, including requiring a physician’s certificate when applicable.
Documentation
Documenting what an employee said when calling in, the time the employee called in, and keeping a calendar of the days off, can reveal patterns of misuse. A spreadsheet can be created with tabs for each employee and filled out as sick calls are received. If an employee has approved family or medical leave, be sure to ask, “Is this FMLA?”
The questions below can help you identify patterns of misuse:
- Is the employee’s use of sick leave substantially above the average for your agency? You could examine the use of sick leave within the last twelve months and the twelve months before.
- Are the sick leave days consistently used on Mondays or Fridays, before or after scheduled days off, or on the same day of the week?
- Are there situational patterns? For example, does an employee regularly call in sick when they are scheduled to perform a task they dislike?
- Is the employee using sick leave immediately after it’s earned? This sometimes looks like biweekly Monday or Tuesday half-day use, with the employee “running on empty” through multiple years of employment.
If any of the above conditions exist and the employee does not provide a physician’s certificate for the sick days in question, supervisors should consult with human resources.
Documentation Example
| Date | Day | Leave Type | Reason Given | Physicians Certificate? | Supervisor Notes |
|---|---|---|---|---|---|
| 3/7/2022 | Mon | FMLA-S | “I need to use sick leave. Yes, it is FMLA.” | No | |
| 3/10/2022 | Thurs | Sick | “I can’t come in today because I’m not feeling well.” | No | |
| 3/11/2022 | Fri | AWOP | “My car broke, so I’m gonna need another day of sick.” | No | Ineligible reason for sick leave use |
| 3/18/2022 | Fri | Sick | “I need to leave early because I have a headache” | No |