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Time to Revisit “Do not Ask Do not Inform” Practices for Worker Absences


What number of instances does an worker simply name (or textual content) that they don’t seem to be coming in?  Not feeling effectively?  One thing imprecise.  Then months (or years) later, the employer will get a declare that the worker really had a incapacity that required accommodating, and the supervisor knew, however nobody engaged within the interactive course of?  Sound acquainted?  Occurs the entire time in my world.

Some employers desire to not ask why the worker is taking break day, and easily have a bucket of Paid Time Off (PTO).  The rationale is — what you don’t know can’t damage you — higher to not know. However its time to rethink the don’t ask, don’t inform method to worker break day.  One threat is overlooking proof of a medical situation that can come again to chew you later. One other threat is pay fee. PTO is commonly paid on the base fee. Statutory sick pay should be paid on the “common fee.” So if statutory sick is a part of PTO that may get tough. So in my opinion, except there’s a PTO bucket and a sick bucket, PTO is a no-go. 

To make it much more difficult, coming in 2023, staff will have the ability to take break day for bereavement and sure emergency situations.  They may also have the ability to take CFRA depart for a “designated individual.”   Relying on the scale of your online business, many staff also can already take protected (however not essentially paid) break day for home violence causes, college actions, jury responsibility, witness responsibility, blood or bone marrow donation, civil service, when a partner is deployed, Covid-19 (at the very least by 2022 in the event that they haven’t already taken it), and so many different causes. 

What’s an employer to do?  How about having managers doc the explanations for worker absences?  Did the worker admit that they:

  • Had automotive hassle? 
  • Missed the bus?
  • Overslept?
  • Had been hung over?
  • Have to check for varsity?
  • Wanted a private day? 
  • Don’t have daycare?
  • Had a visiting pal or member of the family from out of city?
  • Took an unapproved trip day?
  • Their pet (not service canine in the event that they reside in Emeryville) was sick and needed to go to the vet? 
  • They have been sick (simply with a chilly or indigestion – one thing transient and non-serious) they usually don’t have out there sick time?

Doc that.  None of these causes are protected break day.  

Prepare your managers to ship Human Assets a word to file, and higher but, connect the worker’s textual content admitting to the explanation for the depart (“sorry boss, overslept”).  Prepare the supervisor to ask, is there a motive on your absence?  Give the worker an opportunity to say it’s protected (“sure, my grandma handed”).  If the worker supplies a protected motive for the absence, then don’t self-discipline. If there’s a medical situation, interact within the interactive course of and doc it. Get an admission that every one they wanted was the break day you gave them. And in case you are fortunate sufficient to get an admission of an unprotected absence, like automotive hassle, at the very least you’ll have the proof to show it!

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