{ the dental team } by Toni Talbot, SPHR A day sick is still a day absent

QUESTION: I have an employee who has had relatively poor attendance. However, when she is absent she always has a doctor’s excuse. I have not counted absences against employees with a doctor’s excuses, so she has had no ramifications for her absences. It almost seems like she has an “in” with a physician and is able to get a doctor’s note on demand. Her attendance is a real problem. How can I address it without compromising this policy which has worked until now.

ANSWER: Absenteeism is absenteeism, whether they have a doctor’s note or other justification for the absence. I like to say employees, over time, build equity. They build their reputation and their skills. If an employee rarely takes a day off, when they do call in sick, you completely believe them and don’t necessarily need a note. If an employee regularly calls in absent, then they have not built the equity and you are requesting the documentation. This, essentially is how you deal with this person: She has little equity.

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irst, I would make a quick call to the doctor providing these notes and verify that he or she is actually providing them. I have certainly seen my share of fraud, and I don’t know of many physicians that willy-nilly provide a doctor’s note. Contact and talk directly to the physician verifying he wrote the note. Do not ask a staff member, as they may be the one providing the excuse. It really doesn’t take much to fabricate a doctor’s excuse, so you should not necessarily take them on face value.

If these notes are legitimate, you must look to your policy to determine the action you must take. This employee may or may not have a medical condition which would qualify as a disability and therefore protect her under the Americans with Disabilities Act and/or the state laws. These laws, however, do have an expectation that the employee is to provide the work … and if the employee is not at work, how can the work be provided?

Your policy should not distinguish between excused and unexcused absence; an absence is an absence. The policy should indicate that excessive absenteeism is detrimental to the practice. Employees are expected to report to work, on time, and when scheduled. While you may request verification from a third party that the reason for the absence is legitimate, it does not change the fact that this was an absence.

The tricky part is how and when do you address the employee with excessive absenteeism due to a legitimate medical condition.

Understand that you are required to accommodate an individual with a disability to be able to perform the essential functions of the job. This includes allowing them to work from home if the work can be

done from home. I would imagine that this is not an option in the dental office, unless it is administrative work.

After you changed the policy, have a conversation with the employee advising her that although she is able to provide doctor’s notes, her absences are preventing her from being able to perform the essential functions of the job and that this has placed a burden on the practice. Discuss with her options which would allow her to be able to improve her attendance, try to develop a plan, and be sure to document these discussions.

If attendance continues to be a problem, you will need to begin the disciplinary process. This will mean you will need to formally write her up. If she requests an accommodation, you need to consider it and

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determine if the accommodation will allow her to perform the essential functions and it is not an undue burden on the practice. She must be able to perform the essential functions with or without the accommodation in order to be protected.

I would tread carefully, be sure that you have covered all the bases, consult with an employment law attorney, but don’t be afraid to act. If you need her to be at work, then she needs to be there. f

TONI TALBOT, SPHR is owner and general partner of Human Resource Management Services, LLC. Her designation of Senior Professional in Human Resources, certifies she’s an expert in her field. She has more than 20 years’ experience in all facets of Human Resource management and can be reached at www.hrmservices.biz.