What can I do if an employee uses sick leave for vacation? - HR Insights
- Sean Hansen, SHRM-CP
- 1 day ago
- 2 min read
What can I do if an employee uses sick leave for vacation?
Question:
Recently, I had to deny my employee’s PTO request due to lack of coverage. However, I had heard rumors from the staff that the employee had mentioned they were going to take their vacation anyways. Sure enough, they called out of work for that entire week, using their state-mandated sick leave to protect themselves from retaliation. What recourse do I have when an employee uses their sick leave for vacation?
What can I do if an employee uses sick leave for vacation?
Answer:
If you have proof that your employee is using sick leave for reasons not protected under state law, you may be able to take disciplinary action for an unexcused absence. However, some states have restrictions on an employer requiring documentation for an employee’s sick leave, which may restrict an employer’s ability to receive proof of absence.
Long Answer
The key to this question is documentation. State-mandated sick leave is protected under the law, provided the employee has a qualifying reason to use it. Therefore, in order to take disciplinary action against abuse of leave, an employer needs proof that the absence was not taken for a protected reason.
Let’s start by trying to understand qualifying reasons for leave. This varies from state to state, some of which are more restrictive than others. For example, Colorado has a fairly defined list of qualifying reasons for sick leave, most of which pertain to sickness or emergencies. Meanwhile, Illinois has a paid leave, not paid sick leave, and so employees can use that leave for any reason, including vacation. If an employee uses sick leave, it’s important for an employer to be familiar with the qualifying reasons for leave specific to their state’s sick leave law.
The next hurdle is regarding proof of leave. Many employers may want to have employees submit documentation proving their need for leave, but it’s not that simple. Many states have restrictions on documentation requirements; for example, Colorado prevents employers from asking for documentation unless the leave spans four or more consecutive days. This means that, depending on the state, an employer’s ability to receive documentation regarding leave may be limited.
With all that in mind, if the employer has proof that the employee is not using sick leave for a protected reason, they are within their rights to deny the absence, or take disciplinary action for an unexcused absence. However, if that action is related to insufficient documentation, it’s important to note that some sick leave laws allow employees to attempt to remedy the situation, and employers in those states need to be sure to follow those requirements.
Depending on the state you live in, pursuing disciplinary action for suspected abuse of sick leave can be difficult. However, this tends to be for short term absences – in the case of a longer, consecutive absence, most state-mandated sick leave requirements allow employers to seek documentation to prevent abuse of the policy.
What can I do if an employee uses sick leave for vacation?
Please note: This information is not legal advice and may not reflect specific state or local requirements.