From “I ate cate food instead of tuna and was deathly ill” to “My llama is sick,” employees continue to get creative with their sick day excuses. According to a recent CareerBuilder survey, 35% of workers admitted to calling in sick when they were perfectly fine. Some of the most absurd excuses included:
- “My pressure cooker exploded and scared my sister.”
- “I had to keep my hair appointment because my roots were showing.”
- “I wasn’t sick, but my llama was.”
Despite the rise of flexible Paid Time Off (PTO) policies, more than 1 in 5 employers (22%) have fired an employee for using a fake sick excuse. And 67% of employers say they typically trust their employees, though 33% have checked up on them, with some even driving past their homes to verify the story.
While the occasional “mental health day” is becoming increasingly accepted, almost every small business still has one or two sick day misusers – those employees who call out a little too often, sometimes with stories that sound more like the plot to a sitcom rather than a legitimate reason.
Here’s How to Deal With Employees Calling in Sick Too Often
Not Sure How to Deal With an Employee Who Is Always Absent and Calling in Sick Too Much? Merge “Sick” Days With “Vacation” Days
To curb employees always calling in sick to work, a growing number of companies now allow employees a specified number of paid days off for any purpose—that is, both sick time and vacation time are considered the same thing and consolidated into one paid leave package. This is typically called Paid Time Off, or PTO for short.
By doing so, employers effectively reward employees who don’t have frequent illnesses and discourage employees from taking sick time when they’re not actually sick.
With such a policy in place, sick-day abusers may think twice before calling in because the absences cut into what could be their vacation. This is usually an effective way to deal with an employee who is always taking sick leave.
Doing Away With Voicemails Can Keep Employees From Calling in Sick Too Often
One of the ways employees calling in sick too often abuse sick time is if they don’t have to speak with a supervisor and can simply get out of work by firing off an email or leaving a groggy-toned voicemail.
With this being the case, employers should require workers, especially those whose attendance record is sub-par, to speak directly to an immediate supervisor when they call in sick. Do not let a sick employee call—no voicemail, no text—they must speak to someone.
Explore an Unlimited Vacation Policy, Get Rid of Sick Days for Part-Time Employees and Full Time Staff
It’s clear when employees can take days off from work, it leads to increased productivity. An unlimited vacation policy means your employees don’t have a bank of time to accrue or a set amount of days per year they can take off. Before you start worrying the policy could be abused, some companies found employees take the same amount of time off as they usually do after an unlimited vacation program was put into effect. It could be the makings of a very healthy workplace.
So, what’s the benefit of an unlimited policy? Increasing morale and building a culture of trust between you and your employees. Removing sick days for part-time employees and replacing them with vacation days encourages trust in your employees. Do the same for employees who are full time.
Relax Your Policies, It Can Reduce the Average Number of Sick Days per Employee
This one is a little counter-intuitive. But it’s possible that your strict sick-leave policy is actually having the reverse effect and causing employees to skip out on work instead of preventing unscheduled absenteeism.
Studies show the majority of workers who call in sick at the last minute do so for reasons other than physical illness, citing personal needs and stress as chief reasons for taking time off.
Workplace flexibility, on the other hand, has been shown to reduce worker stress. In other words, giving employees more freedom, so long as their share of work gets completed, makes staff more appreciative of the company and less likely to take advantage of paid leave policies, whether they are a part-time employee or full-time employee.
Employee Absence Checklist
Fill in this checklist to help update your employee handbook:
- Employees are allotted ____# of vacation days a year.
- On ____# of these vacation days employees will receive ___% of their pay.
- Employees are allotted ____ # of sick days a year.
- On ____# of these sick days employees will receive ___% of their pay.
- Employees [must] / [do not need to] provide a doctor’s note for sick days.
- Employees who work less than ____# hours a day must use a full vacation/sick day.
- Employees who work less than ___# hours a day must use a half vacation/sick day.
- Employees [must] / [do not need try to] find someone to cover for their shift at least ___# hours before the shift starts if they are going to be absent.
My Employees Keep Calling in Sick Too Often, Time To Talk
Okay, you’ve merged sick time with vacation time, done away with voicemails and boosted morale by increasing workplace flexibility, but there are still sick-day abusers at the company. There is such a thing as preventative care, but if the average number of sick days taken per employee is still high, or you have a select few employees calling in sick to work too often, it’s time to take them aside for a sit-down and let them know that you’ve noticed the days off.
Emily Dusablon, an advisor at Insperity, a provider of HR services, suggests asking employees whether there’s any reason, in particular, that is causing the absences.
“Maybe you’re not aware of an underlying condition,” Dusablon says. “Maybe the employee needs a schedule adjustment or accommodation based on the Americans with Disabilities Act. Don’t assume you know all the facts until you have talked with the employee.”
Make sure you familiarize yourself with both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
When It Comes to How to Deal With an Employee Who Is Always Sick, Know The Law
Before taking action on frequent absenteeism, employers should understand the legal landscape. While federal law doesn’t require paid sick leave, many states and cities do. For example, Connecticut mandates paid sick time for certain workers. If your small business has any employees, you should always check with your local laws to ensure compliance.
The Family and Medical Leave Act (FMLA) requires covered employers (those with 50+ employees) to provide eligible workers with up to 12 weeks of unpaid, job-protected leave for serious health conditions or to care for a family member. Eligibility also requires the employee to have had 12 months of employment and 1,250 hours worked in the past year at your business. FMLA leave cannot be used as grounds for discipline, and employers must maintain health benefits during the leave.
Determining if an employee’s circumstances qualify them for such legal protections, or if employers are on the hook for paying them during sick leave, is typically where things get sticky. When addressing excessive absences, it’s critical to exclude legally protected leave from any disciplinary action. To avoid legal risk, employers should consult an employment attorney before withholding pay or firing an excessively absent employee.
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I was thinking - for all unscheduled absences, have the employee write a dated note explaining the absence and then sign it. The note is then given to the manager to become part of the employee's file. The employee must present this note upon return or be "off the clock" while they write it. This would be for everyone whether or not a doctor's note is appropriate. Has anyone tried this?
New Mexico was not included on the map of states with paid sick leave laws but it should be - it was instituted here in July, 2022. I caution readers to become fully aware of the regulations in their state. New Mexico's law prohibits employers from requiring employees to make up for lost time due to sick leave, and it also explicitly prohibits any sort of punitive or retaliatory action by an employer against an employee for using sick leave. In our state employees "earn" one hour of sick leave for every 30 hours worked. Employers can set a limit of 64 hours of sick leave to carry over each year, and can also set a limit of 64 hours maximum use of sick leave per year. But there is no limit to the number of sick leave hours that can be accrued during the year. A PTO program that offers at least 64 hours per year can substitute for sick leave.
This article has good ideas in theory, but ignores many laws such as: (1) those in addition to the ADA that require employers to accommodate certain medical needs, with extra leave being one type of accommodation — employers cannot consider the toll it takes on other employees when one is often absent; (2) laws relating to accrued vacation and PTO mandatory payouts — as opposed to sick leave, which often does not need to be paid out to employees; (3) employees’ right to privacy in their medical information (employers can’t ask an employee or their physician for specific medical information), etc. Employers can easily find themselves served with a lawsuit if they improperly handle chronically absent employees.
FYI - As of February 21, 2025, Michigan's Earned Sick Time Act requires most employers to provide paid sick leave, with specific provisions for small and large businesses.
Key Provisions of the Earned Sick Time Act
Accrual of Sick Time:
Employees earn 1 hour of paid sick time for every 30 hours worked. This includes all hours worked, such as overtime and seasonal hours.
Small businesses (10 or fewer employees) must provide 40 hours of paid sick leave per year, while larger businesses (11 or more employees) must provide 72 hours.
Usage and Carryover:
Employees can use accrued sick time for various reasons, including personal illness, family care, or preventive health care.
Unused sick time can be carried over to the next year, but small employers can cap carryover at 40 hours, while larger employers can cap it at 72 hours.
Employers may choose to frontload sick time at the beginning of the year, allowing employees to use it immediately without tracking accrual.
Compliance Deadlines:
Larger employers were required to comply with the new sick leave requirements starting February 21, 2025.
Small businesses have until October 1, 2025, to start providing the required sick leave.
Exemptions:
Certain workers, such as federal employees, independent contractors, unpaid interns, and minors under child labor laws, are exempt from these requirements.
Legislative Background:
The law was enacted following a series of legislative changes and court rulings that aimed to expand sick leave access across Michigan. The recent amendments were designed to balance the needs of workers and small businesses.
Conclusion
The Earned Sick Time Act represents a significant change in Michigan's labor laws, ensuring that most employees have access to paid sick leave. Employers should familiarize themselves with the new requirements to ensure compliance and support their employees' health and well-being. For more detailed information, you can refer to the official Michigan government resources or legal texts regarding the law.
Among other things, I do financial reviews for several small churches who were unaware of Oregon's sick time policy (1 hr for 30hrs worked) and were giving what they felt was too much vacation. I was able to point out a standard they could use to go to PTO, reduce what they were offering employees etc. Since most of the employees were also church members and wanted what was best for all, it was a relief to all. Also, since they had less than 6 employees, Oregon's policy did not apply to them, but it is still a "standard" to point to.
PTO should be EARNED. It is a privilege extended by the employer. In a small business, there are not available employees to handle an absent employee's duties. In our clinic (3 staff + doctor), we offer 40-hour vacation the first two years, then 80-hour vacation beginning with year number three. We also provide 40 hours of personal time which may be taken anytime for anything. However, any unused personal time is not compensable when an employee terminates as it is an extended privilege based on the doctor's generosity. If an employee is missing a lot of days of work, he is NOT earning PTO, and the employer should be penalized for the out-exchange situation. We have very reliable employees, so not a problem for us. But, if absenteeism is a problem, perhaps PTO should be accumulated per hour worked.
Touche. Outstanding arguments. Keep up the amazing spirit.
Great article, I just started 5 sick days to help managers take time they need so they don't use vacation time. Now I need to rethink it ...
It's actually a nice and useful piece of info. I am
happy that you shared this useful information with us.
Please keep us up to date like this. Thank you for sharing.
We have an employee who calls out sick from the office two to three times every week. There is evidence that this is being done to work a remote job with another company. Since they are calling out sick, there is HIPPA and other considerations in play. The employee's absence causes others to pick up her duties and deal with her cases. It's getting overwhelming. Has any one dealt with a situation like this?
Just curious, what is the proof the person is working remote job with another company?
Request a doctor's excuse?
Might consider having that employee and the others employees train a new employee.
Really great article. Thanks for taking the time to explain things in such great detail in a way that is easy to understand.
You're welcome! Thanks for commenting!