Are Employees Really Sick or Gaming the System? Seeking Advice on Handling Sick Leave Abuse

Hello,

In our software firm, every month at least 2 employees are getting sick. And we cannot stop it. We made a mistake. Two months ago, one employee was sick, and we allowed him a long sick leave with full salary. Since then, everyone has started doing the same. We suspect that some are taking advantage by submitting fake medical certificates even when they are not sick.

Please help me with strategies to overcome this situation.

Thank you,
Rasel

Hi,

Whether you got the solution or not, I don't know about that. I am just giving the idea to tackle this issue, which I faced at my client's place. Put out a circular notice stating that if an employee receives salary for sick leave with a fake medical certificate, the management will take serious action (such as issuing a memo or dismissal based on the number of days taken for sick leave) against that specific employee. Before taking any action, consult with the doctor who provided the certificate to confirm its authenticity and so that you can control this situation.

If you have already implemented any measures, please share those. If you find this suggestion useful, kindly reply because I have successfully implemented this at my client's place, and it is working well.

Thank you.

Dear friends,

FAKE DOCUMENTS IN AN IT COMPANY :shock:

It's very bad! Highly unethical! MY GOD!

Today, Medical Certificate; tomorrow, anything!

It's a question of INTEGRITY and ETHICS!

I am quoting what an HR Expert in the IT Sector has to say on such issues:

"If I did let her go, I will be responsible for violating QMS procedure and would be held liable if the employee errs (again). My point is, if the employee can fake a document today, she can fake other things as well. Management's perception is the same and is in accordance with future threats that could be envisaged from the erring employee."

I guess the norm is TERMINATION. Right Taz?

Do it with these words: "A company such as ours has an obligation to adhere to the most exacting standards of employment integrity. Since you have demonstrated a willingness to compromise these standards, we cannot in good faith accede to your continued employment with us."

If you need further guidance, refer to this link:

Warm regards.

Hello Rasel,

What are the leave regulations in your company? How many types of leave are there? Can an employee's leave balance be reduced as a form of subsidy? It's essential to set limits for all types of leaves. How many sick leaves are provided to employees? Please provide detailed information so that I can assist you effectively.

Hi there,

I think you can stop this by identifying if there is a trend in an employee's sick leave applications. It's not easy to dispute this, but if you feel that sick notes are not originals, you can recommend a doctor for check-ups to see if the sickness is genuine.

silindileb

Hi Rasel,

Have a company doctor or hospital and inform your employees that you will only accept medical certificates from these sources. Any other documentation will not be considered.

On another note, it's important to assess the facilities management, overall environment, cafeteria offerings, eye strain issues, and how well the employees cope with mental pressure.

Conduct a general meeting with the employees to understand the challenges faced by those who are unwell. If similar symptoms are reported, there could be an underlying issue. Let's avoid making hasty conclusions.

Consider reintegrating the affected employees into roles where they report to someone of equal or lower rank, or place them in a different team. It can be frustrating for individuals to be supervised by someone junior or to be moved out of their comfort zone. For instance, one of our senior employees, who was deemed ineffective due to numerous complaints and refusal to improve, was transferred to a junior role, leading to his resignation.

Differentiate between exceptional and ordinary performers through innovative approaches. It's essential not to rely solely on rules; sometimes, intelligence and staying attuned to the situation can offer better solutions.

Dear Sir,

In this case, you can give a high mark for sick leave in the monthly evaluation, and then you will see that no one will take any sick days as long as it is tied to the evaluation and bonus.

Best regards,

Jameel Al-Hitar
Shift Planner Specialist

Hi Rasel,

I think your problem is very simple. Every company has a sick leave policy wherein they allow full salary refund for a particular period of time, say 15 days in a year. After that, any type of sick leave is unpaid or half paid for the next 15 days, depending on the company's policy. It is true that sick leave has to be justified with a medical certificate; however, there is no way you can keep a check on the same. I mean, even if you have your own company doctor, which will again be a cost to the company, and even if he declares someone to be fit, the employee can anytime say that he is not feeling well, and no law in the country can challenge his saying.

So the best thing is to have a fixed number of sick leaves; after that, start deducting. You can also keep some bonus amount on showing 100% attendance. For example, if an employee is present for the whole month without any absence, give him some bonus amount such as 750 or 1000 rupees, and then you will see the attendance will automatically improve.

Hope this will help. Also, for the long term, I would like to advise you to have a very healthy culture and positive energy flow inside the company. Your employees should enjoy coming to the office.

Take care!

Hey Rasel,

Suggestion, don't break your head on this issue, which, in the final conclusion, will be an employees/staff win case. Besides, you will also use them as an employee.

Rather, have a way to record all such incidents in an employee's personal file and raise it during the appropriate time if you believe someone has faked sickness, which has affected the company's business.

Anyways, every employee, even yourself, has the right to avail of sick leave if you have the proper medical certificate to substantiate the same. You can get the certificate from the doctor; don't challenge it, provided you have a strong case, or else just forget it. Business owners will always want to know the truth, but we are not policing officers...are we?

I am currently in the Middle East, and here the doctors are obligated by the insurance company to issue the certificate only in genuine cases. Moreover, continuous sickness for more than 90 days will result in the termination of staff due to being "unfit for the job," as per the Labor Act in the Middle East.

Hopefully, in the future, this may be implemented in India as well with proper guidelines.

Regards, Ukmitra

Hi Rasel,

Taking advantage of being good is very common, and we Indians are champions in finding loopholes within good systems, with a habit of not following the law and feeling pride in violating it.

However, you must have leave rules in place wherein you specify the number of days for different types of leaves. Just stick to that and don't offer anything else beyond that. If an employee is sick and has exhausted their sick leave, then allow them to use other types of leaves, such as PL or CL, and after that, let it go on LOP. You will see the results.

Simply follow the leave rules... (And please do not allow debate on this; otherwise, you will never find a solution for this.)

Kamlesh

Why not make it mandatory for the sick employee to be checked ('cross-checked') by a doctor appointed by the company. Allow those who are found to be really sick and penalize those who are found to have faked sickness (and maybe file a police complaint or a complaint before the Medical Council of India against the doctor who had issued the fake certificate).

Dr. P.K. Kohli

Hi Russell!

It depends on your leave policy. We control our employees' absenteeism by the following:

1. For front-end employees, we declare the best attendance without any late (minimum late) and provide a good gift, certificate, and a one-time money gift.

2. For white-collar employees, we provide a good gift and a certificate. In both cases, we declare the same in front of all employees and send a group email to every employee.

3. If someone is really sick, then he/she must be at home. It should be the HR department's responsibility to find out the whereabouts of the employees, visit the sick person's house, or send someone who is not too friendly with that particular person. Everything will be clear as daylight.

4. Try to motivate your employees by arranging some sort of engagement. For example, on Friday, you can treat them with some snacks, ice creams, Panipuri, Masala muri, etc., in the morning while everybody is at the gate. First thing, present a pen and say it is from the HR department and wish them.

5. The most important thing is to amend your leave policy. If your sick leave is more than your casual leave, then restrict it so that one cannot take self-declared sick leave for more than two days. For more than two days, one has to submit a doctor's certificate. Declare that if any employee falls sick frequently, they have to prove their medical fitness through an official doctor. If found not fit, then the company will take action against them, etc.

I hope this will help with your problem.

Supriya C Banerji
(M) 9836627666

Leave Policy

Hi Russel!

It depends on your leave policy. We control our employees' absenteeism by the following:

1. For front-end employees, those with the best attendance without any lateness (or minimal lateness) receive a good gift, a certificate, and a one-time monetary gift.

2. White-collar employees receive a good gift and a certificate.

In both cases, we announce the recognition in front of all employees and send a group email to everyone.

3. If someone is genuinely sick, they must stay at home. It is the HR Department's responsibility to determine the whereabouts of the sick employees. Visit the sick person's house or send someone who is not particularly friendly with the individual. This approach will clarify the situation clearly.

4. Try to motivate your employees by organizing engagement activities. For instance, on Fridays, you could treat them with snacks, ice creams, Panipuri, Masala muri, etc., in the morning at the gate. Present each employee with a pen, stating it is from the HR Department, and wish them well.

5. The most crucial aspect is to amend your leave policy. If sick leave exceeds casual leave, limit self-declared sick leave to a maximum of two days. If an employee is frequently absent due to sickness, they must provide a doctor's certificate. Declare that if an employee is frequently absent due to sickness, they must prove their medical fitness through an official doctor. If found unfit, the company will take appropriate action.

I hope this advice helps with your issue.

Supriya C Banerji
(M) 9836627666

Hi, I am in New Zealand, and there is a general sick leave policy that applies to most organizations. An employee gets 5 days of sick leave per year. If anyone happens to take more than 5 days a year, they have to take leave without pay with discretion from the Manager.

However, I work for the University, which is different and even special from other universities in NZ. I am lucky to have 10 days of sick leave for the first year and no limit from the second year onwards. Cheers.

Hi Dear,

As I understand, the mistake was a favor to someone. However, just check what your HR policy in place says about how many sick leave days it allows your employees, i.e., how many paid sick leaves are permitted. Considering that all employees shall be eligible for leave, if there isn't any HR policy in place, then you may draft a leave policy and have it signed by all your employees.

Sachin Dhingra
9810510303

Hi, Dear,

This is a serious problem that needs immediate attention. Firstly, are you able to make amendments to your organization's leave policy? If so, ensure that all statutory norms are maintained by establishing a fixed number of medical leaves for all employees. Instruct them to provide a medical certificate issued by a qualified doctor, not a quack. The doctor must attest the employee's signature, and the fitness certificate should be on the genuine writing pad or letterhead of the doctor, with their signature duly stamped.

Ask the employees to submit details about their illness, including prescriptions and test reports. Implementing these changes will make a difference. It should be mandatory for all employees to follow these guidelines. Additionally, consider allowing encashable leaves, where casual leaves can be encashed within a financial year.

Good luck,
Anshumita

Dear Alwar,

Regarding the Leave Policy, only CL cannot be carried forward; SICK and PL can. At least, this is according to the labor laws.

Regards,
Supriya Sr. Officer - HR & Admin ABRL

Hi,

I am having a unique solution for the problem faced by you as an HR manager, because of the employees taking leaves with fake medical certificates.

Why doesn't your organization go for hiring a doctor as a consultant and make your employee refer to that very specific doctor. If an employee is taking leave for a day or two, he might only be suffering from any of the normal disease like Fever/Headache/ cold etc., which a general physician can easily cure.

Let this doctor be the judge and let him issue the medical certificates and if an employee is genuinely having any problem, any time this doctor can refer the patient to any of the specialist in the town.


Now let's focus on the monetary part.

Suppose if your employee goes to see the normal physician and he charges Rs X as consulting fee. Your company can have a tie up with that doctor and can anytime convince him to charge .75 x as consulting fees, as your company is advising all employees to visit you in case of health problem.

At the same time, please ask to him to charge 50% of .75 x from the patients and rest 50% your company can bear the cost.

This situation will lead to a win - win situation from both sides as any employee who is genuinely ill will get treatment on discounted price and at the same time the cost incurred by your company on doctors fees, would be any time far less than the loss of pay, when an employee not reporting to the office.

I hope this will solve the problem in your organization..:neutral:

Thanks,
Mudit Malhotra

Hey Ash,

This is not practical and has failed miserably in India for private companies. The cost and dynamic of staff staying in different locations are big issues. Besides, family doctors are much advised than others for various reasons.

Your company needs to be a BARC Status or Reliance or Pancharantna, where we currently have to go to appointed doctors for availing paid leave.

ukmitra

Hi Rasel,

It seems very simple. The company must have its sick leave policy fixed. Normally, it varies from 7 to 15 days per annum. Make it a stable policy. Give a full day's salary for the number of days approved by management. The rest are unpaid.

Regards,
Ambarish

Sir,

My son completed B.Tech and MBA in March 2009. Recently, he joined a private company in Bangalore. The company provided him with an appointment letter, and he worked from August 1, 2009, to September 20, 2009. However, the company did not pay his salary for August 2009. Due to this reason, my son decided to stop working.

Could you please advise on how we can proceed to receive the salary owed by the company? Your prompt response would be greatly appreciated.

Thank you for your assistance.

Yours faithfully,
T.V. Raghavaiah
Cell: 09010155777

Dear Rasel,

I look at this problem from a different perspective. Such absenteeism clearly indicates the dissatisfaction of the employees in your organization. I am sure the attrition rate in your organization is also very high. Most of the employees are not open-minded to share their concerns, as it also depends on the culture of an organization. They prefer to adapt such routes to draw attention.

I fully agree with the various corrective actions suggested by our friends here; however, is that a long-term solution? I don't believe that any punitive action resolves the problem. Instead, preventive actions will surely help you to improve the situation. Let's believe in McGregor's theory "Y."

I will suggest having management and HR intervention to identify the problem, need-based counseling, an employee satisfaction survey, and then appropriate corrective actions.

Thanks,
Rahul

Hi Rasel,

You can avoid this by having a proper leave policy. For example, usually, five sick leaves are allowed in one calendar year. If an employee takes more than five sick leaves in a year, those days are all without pay. If you want to avoid the kind of situation you are facing, you have to stick to the policies you define in your organization. If you break your rules for one employee, the consequence is you have to break them for all.

Also, try to maintain a good relationship with the employee so that you can visit them when they are ill, whether in the hospital or at home. This will serve two purposes: they will know that the company cares for them (in your case, it seems that the employee is not very attached to the company), and in the meantime, you can cross-check whether they are really sick.

Thanks,
Munmun

Paste a notice like this - If an employee takes unnecessary leave by providing fake medical certificate then he will be charged under section 420 of IPC and the medical practitioner who issued the certificate will be charged under section 197 of IPC. Stringent action will be taken against them.
You better try to prepare a leave form for those who take medical leave and you add this in that form so that no doctors will sign…………..

Dear Rasel,

The company must have a nurturing attitude toward its employees starting right from the top. Employees must be given a discrimination-free, fair, and caring environment to work in. Whatever leave policy the company has, it will have to be implemented in letter and spirit for all employees in order to set and maintain high standards of ethics and integrity to be followed by employees.

If employees have sick leave to their credit and are taking the same on medical grounds without any other benefits like reimbursement of medical bills, I do not think there is any use in running after them. Otherwise, every claim or randomly selected claims can be cross-checked for their genuineness, and appropriate action, including termination, can be taken in case of false claims.

Regards,
Satyavan

Hi,

If any employee says that he is not feeling well and informs his supervisor from home, the supervisor has to grant him the leave.

My suggestion is if any employee exceeds leave more than three days, he should be asked to produce a medical certificate from a doctor. Nobody can challenge the doctor's certificate.

The best way to reward something to the employee who has not availed sick leave for one month is by automatically improving attendance.

Regards,
Ev Prabhu

Hi,

Appoint a specific doctor or choose a particular hospital and instruct your employees to undergo check-ups at that facility. Inform all employees that only medical certificates signed or attested by the company's panel doctor will be considered valid. This measure will reduce instances of employees taking fake sick leaves and will also provide your employees with quality healthcare services.

Thank you.

Dear Ukmitra,

Your signature quote is really good. I liked it and found it very meaningful.

Back to the issue: Yes, you may have a point there. If the people are widely spread, the company can have Docs in specific geographic locations. I don't know if it will work or not, but for now, they can try this and see if it can work as a solution. There is no harm in trying, right?

Dear [Company Name],

Does your company have a tie-up with a doctor? If not, consider partnering with a senior doctor. Instruct your employees to consult this doctor exclusively. If an employee is genuinely unwell, they can take sick leave. Once sick leave is exhausted, you may deduct EL/VL leave. Subsequently, you can enforce Loss of Pay until the employee is fit for duty. This approach allows for better control.

Before implementing these measures, please consult with your higher officials.

All the best!

Venkatesh.V

Hi Rasel,

Are you there? No response from your side yet.

Could you share a few basic facts:

1. How many employees do you have?

This is to determine the percentage of employees falling sick. If only 2 employees fall sick every month and your headcount is, for example, 500 or more, then it may be considered normal.

2. What kind of Leave Policy do you have?

You mentioned, "2 months ago one employee was sick, and we allowed him long sick leave with full salary."

Why was that?

Did the employee have enough leave to his credit, or did you provide full salary on 'compassionate' grounds?

3. Before this incident, how many employees used to fall sick every month?

Without answers to these and more data, it may be challenging to find an appropriate solution.

4. In case you plan to collaborate with a few doctors, ensure they also provide house-calls, as a patient in acute discomfort may not be able to visit a doctor's clinic.

Also, what about hospital stays? Will your empanelled doctor visit your employee in the hospital to certify/ensure that they are really sick?

5. I believe the best solution is to inculcate a culture of trust, considering we place so much emphasis on ethics.

Please explore why they feel the need to furnish false medical certificates. What in your policy prompts them to do so?

Regards.

I fully agree with Sunita and Alwar - I have implemented a few things in my company: Sick Leaves to be carried forward with a cap on accumulation; i.e., a maximum of up to 4 years and incentives to employees who do not take any sick leaves each year; i.e., gift vouchers of Rs.1000/-.

HCK:)

I fully agree with Sunita and Alwar. I have implemented a few things in my company: Sick Leaves to be carried forward with a cap accumulation, i.e., maximum up to 4 years, and incentives to employees who do not take any sick leaves each year, i.e., gift vouchers of Rs. 1000.

HCK

Dear AnonymousA,

Every person, by choice, can seek treatment where he/she feels comfortable. NOBODY on this earth can compel anyone to undergo treatment from a specific doctor or company. Such coercive tactics can be legally challenged, leading to severe consequences for the company in case of any mishaps, god forbid.

In government organizations like BARC/Railways, which offer free treatment to employees, paid sick leave is sanctioned only upon approval by their in-house doctors. However, employees retain the option to seek treatment from any healthcare provider they prefer for their well-being.

Moreover, all authorized doctors practicing in India with valid medical certificates are empowered to issue medical certificates to patients. Only the court of law holds the authority to dispute such certifications.

Therefore, the ideal solution, in good faith, is to grant paid leave to employees upon submission of a proper medical certificate. Simple.

Regards,
Ukmitra

You must have a company physician or medical officer for conducting pre-employment check-ups and annual check-ups. After that, you should collect all certificates and verify their authenticity. If you suspect any discrepancies, consult the doctor to examine the employee. In case you do not have a company medical officer, arrange for the employee's medical check-up at a government hospital or with a civil surgeon to gather evidence for potential termination. Please ensure to conduct a domestic inquiry before terminating any employees. I am uncertain if the individual in question falls under the category of a workman as per the Industrial Disputes Act based on the information provided.

Regards,
N S SIRDESAI

Dear Ranjeet,

Regarding leaves, you have to put strict controls on it and check the company policy. You can frame the policy in light of the shop and establishment act, in which you can bifurcate leaves accordingly. For sick leaves, only accept the same after the approval of a competent doctor (which you can hire as a welfare measure as well). Sanction only a particular number of sick leaves, beyond which every leave is considered Leave without pay. The only thing that requires strict controls.

Regards, Ranjeet

Dear friend,

Please arrange for a doctor with a nominal fee on behalf of the company and conduct a general check-up for all employees. Additionally, arrange or instruct the employees to undergo thorough check-ups for those who are identified with health issues during the general check-up.

This initiative will benefit both the management and employees, fostering a cordial relationship between the employees and the employer.

Sorry. Not to you, but suggesting to the thread starter.

Only the first two lines pertain to you: "I find somebody talking sense and practicality. I agree with your point."

Rest of the matter is addressed to the thread-starter. Sorry, I could not edit it properly. A bit of typo and editing error had remained. Regards.

Hey Ash,

Thanks for your comments on my signature; it's a quote from the Bible.

Well, on the issue, take my word—it's just impossible and not practical. Further, I guess two experts have shared my thoughts and agreed that the decision to check a fake medical certificate by staff should be left to the relevant authorities. If an employee is submitting a medical certificate from a registered doctor, as HR, we should not act as police officers to judge and doubt the same. In all good faith, we should allow it, even if it concerns the output of the business. People are more important than business.

Regards,
Ukmitra

Dear Rasel and all who answered,

I would like to make you aware of two things here. One is that a software company would be registered under the Shops & Commercial Establishments Act. So the leave rules under this law specific to the state in which your company is situated are to be followed if you do not have a leave policy of your own determined so far.

Secondly, if employees are taking sick leave suddenly, why do you suspect them to be taking leave just for the heck of it? As a prudent HR person, please do check if your facility is all clear and okay or needs some housekeeping/sanitation. After ensuring that there is no reason for sickness to be caused by your premises, then you educate all by sending/posting a circular stating the terms of leave and methods of applying and proceeding on leave.

If a person repeatedly falls sick, you can insist on getting a medical certificate to determine the status of a person's health - whether he is healthy enough to start working again or is too sick to continue working. Then you could accordingly take action.

Remember, just because employees take sick leave does not mean that you can doubt their credibility. Remember, under law, a person is innocent until proven guilty. So let's not jump to conclusions and land in bigger problems of trust, confidence, etc.

Take care.

Regards