Sick time

[tvguy]

For those who feel one should take as many (sick) days as they are entitled to - does your employer not limit your sick days to actually being sick or having a medical appointment? Our policy specifically states that you can be disciplined, which could lead to termination for using sick time if you aren’t sick. I know at least two people who have been “caught” and disciplined.



I assume this is due to not “working” the necessary hours to qualify for OT, correct? It is not some backwards disciplinary type thing where they are saying “oh he took a sick now he doesn’t get paid time and a half this week.”

The only requirement for sick time at my last employer is that you have to have the time coming, and if you take more than 3 consecutive days, you need a Doctor's note to return to work. If you take 5 or more consecutive sick days, the company takes you off using sick time and puts you on short term disability. You have to have a Doctor's note to return to work if you get put on Short Term disability.
Covid changed part of that in California. Employers through September 30, 2022 have to give an addition 80 hours additional paid sick time for the calendar year if you or a family member test positive. That time does not come out of your sick time, PTO, vacation or short term disability.

 

[disneychrista]

The only requirement for sick time at my last employer is that you have to have the time coming

So you could call out sick to go to the beach and not get disciplined (if caught)?

My former employer gave us personal days (before California Sick Leave) because he said they were better than sick days because you didn't have to lie about being sick. I actually had a co worker who would call in "well."

 

[ronandannette]

So you could call out sick to go to the beach and not get disciplined (if caught)?

My former employer gave us personal days (before California Sick Leave) because he said they were better than sick days because you didn't have to lie about being sick. I actually had a co worker who would call in "well."

That does seem to be a more realistic approach. We don't have flex days or general PTO at our company.

 

[tvguy]

So you could call out sick to go to the beach and not get disciplined (if caught)?

My former employer gave us personal days (before California Sick Leave) because he said they were better than sick days because you didn't have to lie about being sick. I actually had a co worker who would call in "well."

I am not aware of anyone getting in trouble with the boss for falsely calling in sick. I AM aware of several people using up all their sick time and then using up all their vacation time as sick time and then having to take time off without pay when they were sick. One woman went to HR demanding an accounting of her usage, and HR pulled out her time cards that she filled out and signed showing all that sick and vacation time being used, then pulled her supervisors records that showed the same thing. So everyone's records balanced out.
But co-workers can certainly let another co-worker know that they suspect they were on the beach, not sick. I have been guilty of that with one co-worker, who we thought had very very very bad luck. He caught covid 3 times, he was hit by a car, he crashed his bike. And then the same Grandmother "passed away" 3 times in the same year.

 

[sasywtch]

The only requirement for sick time at my last employer is that you have to have the time coming, and if you take more than 3 consecutive days, you need a Doctor's note to return to work. If you take 5 or more consecutive sick days, the company takes you off using sick time and puts you on short term disability. You have to have a Doctor's note to return to work if you get put on Short Term disability.
Covid changed part of that in California. Employers through September 30, 2022 have to give an addition 80 hours additional paid sick time for the calendar year if you or a family member test positive. That time does not come out of your sick time, PTO, vacation or short term disability.

My son was just saying that if he gets covid again, it better be before 9/30. He had covid last year and used the "free" 40 hours, then a week later developed bellpalsey that the doctor attributed to covid so he got the other 40 "free" hours. As state workers, we got 8 hours per month plus 2-1/2 weeks to 8 weeks vacation (depending on tenure) and 3 personal holidays. Most agencies, depending on the supervisor will just let you put the time off in whatever category you want when doing your timesheet (others may be strict about where it goes) If you constantly call off, they start requiring a medical excuse after 2 days if you want a third day off. If you are someone that never calls off and they know you aren't lying, they don't require the medical note. FMLA only provides that they cannot fire you, they can find you a job within the same place that is similar with same pay. To get FMLA, you have to have the doctor fill it out, so that's the doctor's note I guess. Working in an office, it is obvious to everyone who the people are that are continually calling in sick. Even though management didn't appear to care, they do notice and the person usually finds another place to work. To the OP, your supervisor is probably noticing this person taking a lot of time off. If it's not for a catastrophic type illness but wanting a day off, hopefully management will take steps to start requiring notes from them which usually means they get disgruntled and find another job or they clean up their act. As others have said, you never know if someone is going through something that they don't share with everyone.

 

[momz]

You might feel differently if you are the one having to work a double shift to cover. We had a woman who was notorious for calling in sick in the middle of the week during ski season and then posting photos on Social Media. Of course the sunburn on her face didn't help her case either.

that is not at all relevant to the rest of my post about intermittent FMLA. Also, are you actually required to work a double? If so, the problem is not your co-worker, the problem is the company policy that mandates working a double shift under any circumstances. In my opinion, overtime should be optional.

 

[tvguy]

that is not at all relevant to the rest of my post about intermittent FMLA. Also, are you actually required to work a double? If so, the problem is not your co-worker, the problem is the company policy that mandates working a double shift under any circumstances. In my opinion, overtime should be optional.

Don't you have to use up all your sick and vacation time before you can use FMLA? Well, we could debate whose problem it is, but when my mom had a stroke, I was very thankful that a co-worker stepped up so I could leave immediately. I would do the same for them. Sure, 40 years ago we had more staff and had people who could slide over to cover without overtime, but times changes and we have just enough staff to cover a job. And now, they are looking for find people to staff up, but with 3% unemployment, there is nobody to hire. So from a practical standpoint is IS the workers problem.

 

[DisneyHardin]

Don't you have to use up all your sick and vacation time before you can use FMLA? Well, we could debate whose problem it is, but when my mom had a stroke, I was very thankful that a co-worker stepped up so I could leave immediately. I would do the same for them. Sure, 40 years ago we had more staff and had people who could slide over to cover without overtime, but times changes and we have just enough staff to cover a job. And now, they are looking for find people to staff up, but with 3% unemployment, there is nobody to hire. So from a practical standpoint is IS the workers problem.

You don't have to use up your sick time for the option of FMLA kicking in.

 

[momz]

Don't you have to use up all your sick and vacation time before you can use FMLA? Well, we could debate whose problem it is, but when my mom had a stroke, I was very thankful that a co-worker stepped up so I could leave immediately. I would do the same for them. Sure, 40 years ago we had more staff and had people who could slide over to cover without overtime, but times changes and we have just enough staff to cover a job. And now, they are looking for find people to staff up, but with 3% unemployment, there is nobody to hire. So from a practical standpoint is IS the workers problem.

In my experience, FMLA does not pay you when you are off, it merely keeps your job secure so you can come back to work once whatever you are experiencing resolves. However, I suppose your employer may allow you to collect pay if you choose to charge it against your vacation time and/or sick time....but I don't know if this is mandatory for you. It is not mandatory for me to use my PTA during the planned weeks off that I use for my infusions.

FMLA allows for a total of 12 weeks. I think there are different rules if you go on short term disability, as STD is actually an insurance policy. So, for example, let's say you are having some surgical procedure and you know you will be off for 12 weeks to recover. FMLA will keep your job secure, but STD will pay you if you file a claim. There are different forms to file for each FMLA and STD. For an extended time off, I would file both.

I hope that makes sense.

 

[disneychick0412]

So essentially you have no paid sick days? Or you do but using them is against company policy? That all sounds crazy - how does somebody pre-plan being genuinely sick?

You get paid if you call in sick (PTO), it just counts as an occurrence. If you habitually call in, there are consequences. I think 7 call ins is a written warning. When I was out 4 days with Covid, it was 1 occurrence. I've never worked anywhere that there wasn't a limit on calling in. I work for a health care organization with over 3,000 employees and my former job was the same type of situation. (22 years total between the two places)

 

[lpereira]

My employer has EID for sick time and a separate pot of pto. Dec 17, 2020 I fell at home and broke my coccyx. For 12 weeks no one in my home left the house. We even had grocery delivery and my daughter is homeschooled. On the day I went into the local urgent care to get a butt xray I looked at my mother and said, "they're giving us covid." (Nebulizing a patient in an open room with only curtains between patienta.) Three days later we had the covid. And I was out longer. That was another 3 weeks. I used 24 hours of pto and my eid covered the rest. I didnt miss a check. Because I never call out sick......or use my pto. I schedule my days such that I can get 8 days off without missing an hour.


And I still had 48 or so EID hours left. The 2 shifts of pto was mandatory

 

[tvguy]

You don't have to use up your sick time for the option of FMLA kicking in.

This is what I find and this was my last employers policy
the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.

 

[tvguy]

In my experience, FMLA does not pay you when you are off, it merely keeps your job secure so you can come back to work once whatever you are experiencing resolves. However, I suppose your employer may allow you to collect pay if you choose to charge it against your vacation time and/or sick time....but I don't know if this is mandatory for you. It is not mandatory for me to use my PTA during the planned weeks off that I use for my infusions.

FMLA allows for a total of 12 weeks. I think there are different rules if you go on short term disability, as STD is actually an insurance policy. So, for example, let's say you are having some surgical procedure and you know you will be off for 12 weeks to recover. FMLA will keep your job secure, but STD will pay you if you file a claim. There are different forms to file for each FMLA and STD. For an extended time off, I would file both.

I hope that makes sense.

I'm in California and the law here requires FMLA to be paid for 8 weeks (though the Workers Comp ) at a rate of about 60 to 70% of your base pay.

 

[tasha99]

The last time I had a job that separated sick time and personal time, I tended to use up my sick time on appointments rather than actually being ill. We were allowed to use them for our kids, too---either caring for them if they were sick, or taking them to their appointments. Health care appointments taken by the half day added up quickly since my son was in braces, and his orthodontist was an hour away.

 

[disneychrista]

I'm in California and the law here requires FMLA to be paid for 8 weeks (though the Workers Comp ) at a rate of about 60 to 70% of your base pay.

Ummm...NO. I have been in HR & Payroll for 25 years and there is no such requirement. You CAN get paid through Workers Comp (if work related), CASDI (if medically unable to work) or PFL (if family illness). But an employer has not requirement to pay anything to you while you are on FMLA. They are only required to return you to current or substantially similar position on return.

 

[tvguy]

Ummm...NO. I have been in HR & Payroll for 25 years and there is no such requirement. You CAN get paid through Workers Comp (if work related), CASDI (if medically unable to work) or PFL (if family illness). But an employer has not requirement to pay anything to you while you are on FMLA. They are only required to return you to current or substantially similar position on return.

No, the employer doesn't pay it. The State of California pays it and it is administered through the State workers comp program. Has nothing to do with it being work related.

Here is the law. https://edd.ca.gov/disability/paid-family-leave/

 

[disneychrista]

You don't have to use up your sick time for the option of FMLA kicking in.

This is what I find and this was my last employers policy
the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.

Both are correct. There is no requirement to use sick leave as part of FMLA but an employer can require you to do so. My employer requires you use paid sick leave while you are out on FMLA but you can "buy it back" with CASDI or WC payments.

 

[disneychrista]

No, the employer doesn't pay it. The State of California pays it and it is administered through the State workers comp program. Has nothing to do with it being work related.

Here is the law. https://edd.ca.gov/disability/paid-family-leave/

Isn't that what I said?

 

[nancipants]

I get unlimited PTO. I work from home so I rarely call in sick for myself unless I’m feeling super ill (like when I had Covid or if I get a migraine). However, I have a toddler, so I call in sick because of him a lot. I’m very appreciative that my bosses say “no problem, feel better” when that happens.

 

[aprilgail]

I would only use sick time if actually sick. If I wanted to do something with the kids I would use vacation day.
Yes when kids were younger I did sometimes say I was sick when it was the kids to get paid.

We don’t have that option- you pick your vacation Sept for the whole next year and only in blocks of weeks, cant take individual days