Can you discipline an employee on sick leave?

Can you discipline an employee on sick leave?

Can I still be disciplined while I am off sick? If there are pending or new disciplinary proceedings, your employer is not expected to delay the same indefinitely (including a disciplinary hearing) simply because you are off sick. They should not, however, go ahead in your absence without very good cause.

Can I be disciplined for being sick?

The short answer is you can. To be absolutely clear, one of the ‘fair’ reasons for dismissal is ‘capability or qualification’. Employers can, and have dismissed members of staff who have been on long-term sickness absence, claiming that the person is no longer capable of doing his or her job.

Can you discipline or dismiss an employee for taking sick leave?

Can you discipline or dismiss an employee for taking sick leave? Generally, you cannot discipline or dismiss an employee for taking sick leave because they are exercising their lawful right to take paid sick leave.

What should disciplinary action be taken to address sickness?

Granted, the policies also included additional supportive measures such as back-to-work meetings and the use of Occupational Health and Employee Assistance Programmes but the reference in the article to use of the disciplinary policy in a negative context has made me question its use.

Can a employer dismiss an employee due to illness?

Under the Fair Work Act 2009, an employer is not allowed to dismiss an employee if the employee is temporarily absent from work because of illness or injury. However, you may have a reasonable case for dismissing an employee if they take extended periods of time off work or exhaust their sick leave.

Are there legal issues with disciplining an employee?

However, discipline can also lead to legal problems, particularly if your company’s policy doesn’t protect your right to terminate at will, managers discipline employees inconsistently, or managers discipline employees for illegal reasons. Here are a few basic principles that will help your company stay out of legal trouble.

Can a employer discipline an employee for accrued sick leave?

In general, no, an employer may not discipline an employee for using accrued paid sick leave. Depending on the circumstances, however, the issue may be more complex and may require more analysis. The paid sick leave law specifically says the following:

When to discipline an employee for time off?

Discipline and Absences Federal and state laws give employees the right to take time off for a variety of reasons, including family and medical leave, pregnancy disability leave, military leave, leave to handle domestic violence issues, time off to attend a child’s school activities, and more.

Can a company deny an employee paid sick leave?

This means, in general terms, that if an employee has accrued sick days available, an employer may not deny the employee the right to use those accrued paid sick days, including the right to use paid sick leave for a partial day (e.g., to attend a doctor’s appointment), and may not discipline the employee for doing so.

However, discipline can also lead to legal problems, particularly if your company’s policy doesn’t protect your right to terminate at will, managers discipline employees inconsistently, or managers discipline employees for illegal reasons. Here are a few basic principles that will help your company stay out of legal trouble.