Small Business: year-end 'sick' absences

If you've ever suspected an employee of faking a sick day, your instincts could be right.

A recent CareerBuilder survey found that in the past year nearly one third (32 percent) of workers have called in sick when not actually ill, up slightly from last year (30 percent).

One explanation? In the post-recession economy, many companies are asking leaner staffs to do more with less. As a result, employees sometimes "just need a break to recharge their batteries," says Matt Tarpey, a career adviser with Chicago-based CareerBuilder.

Spike in winter: The survey, conducted by Harris Interactive, found that cold weather and holiday stress can impact absentee rates. Thirty percent of employers notice an increased number of sick days among employees around the holidays. Nineteen percent say December is when employees call in sick the most, followed by January (16 percent) and February (15 percent).

Glenn Franklin, managing partner at Franklin, Gringer & Cohen in Garden City, wasn't surprised December was popular.

"Most employers have a policy of use it or lose it," he says, meaning employees lose their sick days if they don't use them by year-end.

Pay for unused sick days: To help curb year-end absences, some employers pay employees for unused sick days, says Franklin, who specializes in labor/employment law.

But in general, to help curb abuse you should establish a strong sick leave policy that makes your expectations clear to employees, says Franklin.

PTO bank: Employers can either separate paid time off benefits into sick, personal and vacation days, or lump them together into one PTO bank to be used for whatever reason the employee chooses, he explains.

Putting all types of paid days off in the same pot may make planning for absences difficult on the employer's part, Franklin says, because an employee essentially can call in any day.

Still, Keith Gutstein, a partner and employment lawyer at Kaufman Dolowich & Voluck LLP in Woodbury, says creating a PTO bank can work.

"In my opinion, consolidating all benefit time under the Paid Time Off umbrella is better, as it does not require employers to act as a detective to determine the 'real' reason an employee is not at work," says Gutstein.

But the policy must be properly worded to require employees to provide advance notice of any absence when possible, he notes.

Boss may check: The CareerBuilder survey found about 30 percent of employers have checked in on employees who have called in sick. Of those who verified employees' excuses over the past year, 64 percent required a doctor's note, 48 percent called the employee and 19 percent checked workers' social media posts.

Richard Brienza, president of Pioneer Building Materials, a supply store in New Hyde Park, generally will require a doctor's note if an employee is going to be out for more than two consecutive days.

"I typically don't have to check up on them," says Brienza, who works with Franklin, Gringer & Cohen and separates vacation days from sick/personal days. "They're good here. We created a culture of a team."

Address abuse: If you expect employee abuse, address it promptly. Have your PTO policy in writing, says Gutstein. Make it clear to employees when the days are earned and how they may be used. Also identify unacceptable conduct that could result in discipline, without making the list too exhaustive. "Leave yourself some wiggle room," he notes.

BUELLER? BUELLER?

Apart from actual illness, two of the most common reasons employees take sick days: they just don't feel like going to work (33 percent) or they needed to relax (28 percent).

Source: CareerBuilder