Employee absenteeism costs businesses billions each year. But what if an employee’s absence seems a little too convenient? Consider this scenario: An employee requests vacation time, but unfortunately you need to deny it. Then, surprisingly, the employee calls out sick for those same days you denied them as vacation. A bit unusual, right? The question then arises—are you dealing with a suspicious time off request?
Navigating these situations can be a real headache for employers. You need to balance business needs with employee rights, all while ensuring fair treatment and staying legally compliant. In this article we will guide you through all the complexities of managing suspicious time-off requests and offer you some fresh ideas on how to deal with these requests, all while maintaining a healthy work environment!
Why are suspicious time-off requests a concern?
Great, we know how to identify them, now let’s discuss why these suspicious requests are a problem. Firstly, they can cause disruptions in productivity. Lets say that you have an employee who is involved in a time sensitive project, if they are unexpectedly absent it can cause other employees to feel the pressure as they would have to pick up the extra work. It could also lead to you missing certain deadlines, depending on how pivotal they are in the project.
It can also damage the morale of your staff. Imagine you are the one who has to pick up all the extra work, it’s not a great feeling having to cover for someone who you may suspect is abusing time-off. This could cause negativity and even resentment amongst employees.
What are the reasons for these suspicious time off requests?
Why would an employee potentially find themselves in the above scenario? Where they have had their leave denied, for whatever reason, and has suddenly fallen ill.
Well there are a few reasons really, here are just a few of them:
- Burnout: Overworked employees may use sick days as a way to cope with stress and exhaustion.
- Personal issues: Family problems, childcare needs, or other personal commitments can sometimes lead to suspicious absences.
- They just want more time off: Some employees may try to get around the company vacation policies by strategically, or sneakily, using sick days.
How Should You React to These Requests?
Suspicious circumstances like the above are not uncommon in the workplace, and many employers believe they cannot request proof or a more detailed explanation from an employee to justify the absence. Alternatively, employers may react inappropriately to absences they believe to be suspicious, demanding information they are not entitled to or disciplining the employee. This can lead to liability under human rights legislation or employment standards legislation if the absence is legitimate.
It’s important for employers to appropriately handle suspicious circumstances relating to time off. Let’s look at some conditions when you may be confronted with suspicious absences, and the strategies and practices you can use to address them.
1. Job-protected leaves
A job-protected leave is an entitlement that lets employees take a leave of absence and return to the same position. Examples may include:
- Pregnancy and parental leave: Allows time off for pregnancy, childbirth, and childcare. Specific regulations can be different depending on the company or the jurisdiction. These regulations include things like eligibility criteria, leave duration, and benefits.
- Compassionate care leave: Allows employees to care for ill family members. Usually more so for when the illness is seen as a serious health risk. Documentation from a healthcare provider is usually a requirement as evidence of the illness.
- Domestic violence leave: Offers leave for employees experiencing domestic violence, allowing them time to seek support and address safety concerns.
- Bereavement leave: Provides time off to grieve the death of a family member.
- Sick leave: Your standard sick leave, where employees take time off for their own illness or injury.
Generally, an employee’s request to take a job-protected leave is accepted in good faith, but circumstances might make the leave request suspicious. For instance, an employee might suddenly request job-protected leave after they have had a vacation request denied or provide some slightly dodgy medical documentation.
2. Timing of leave requests
The timing of a leave request could raise a red flag, but it still may be valid. You may want to have a close look at the situation to avoid any assumptions.
Here are some examples of what could be considered “Suspicious Timing”
- Consistently requesting time off during popular vacation times.
- Regular absences on Mondays or Fridays.
- Calling in sick after a denied vacation request or a negative performance review.
3. General medical leaves
The most common type of leave requests employers receive are medical. As an employer, you have the right and entitlement to reasonable medical documentation that clearly shows why the employee needs the time off, such as a doctor’s note, specialist reports or medical certifications.
Be sure the note is not vague as to the reasons for the requested leave, which may raise a red flag. Be aware that you are limited as to what sort of information you may request from the employee. It is probably a good idea to make sure that all employees that are in management positions are aware of what information they can and cannot request.
4. Investigating suspected abuse
When you suspect an employee’s request, you should not address it while the employee is away, but either before their leave or upon their return. There are many steps involved when investigating a suspicious absence. They can include, but are not limited to:
- Gather information: Review the employee’s attendance records, time-off requests, and any related documents.
- Speak to the Employee: Give the employee an opportunity to explain the suspicious circumstances. Make sure you keep detailed documentation of the conversation.
- Gather Evidence: If necessary, interview witnesses or gather other relevant evidence.
- Take Appropriate Action: Determining the discipline if you confirm the request is unjustified.
When it comes to suspicious employee requests or absences, remember to:
- Verify the legitimacy of the request;
- Know what you can and can’t ask for from the employee; and
- Prepare to discipline the employee if your suspicion is confirmed.
Situations
Let’s look at a few example scenarios and how Citation Canada advisors can advise and help you with.
Scenario 1: An employee requests four consecutive weeks of vacation and you could only approve two. The employee then provides a doctor’s note for a medical leave about the other two weeks.
- Solution: Request clarification from the employee about the nature of their medical leave and its timing. If you suspect the medical leave is not legit, you may request further documents from their doctor or medical professional, while being considerate about their privacy.
Scenario 2: An employee needs a three-month leave of absence for a medical treatment. Are you obligated to approve this request?
- Solution: This depends on the nature of the medical condition and applicable laws. Review your company policies and consult with legal counsel just to make sure you are being compliant.
Scenario 3: An employee says they must leave immediately for a family emergency and don’t know when they’ll return. Should you approve this short-notice request?
- Solution: While you should be understanding and supportive, it’s reasonable to request some information about the nature of the emergency and ask about an estimated return date. You can also discuss options for staying connected and managing their workload while they are away.
Scenario 4: An employee with no accrued vacation time asks for five weeks’ vacation and was told it would not be approved. The employee says they must go since they already paid for the trip. How should you respond?
- Solution: Remind them about the company’s time-off policy and explain the consequences they could face with unauthorized absence. You could discuss alternative solutions, like unpaid leave or a revised travel plan, if possible.
How Citation Canada can help you manage suspicious leave requests
Do you have questions about suspicious requests for time off? Live HR Advice offers unlimited on-demand phone support from our award-winning team of HR professionals, who have experience across a range of areas and industries. Whatever HR concern or problem you are facing, our advisors can tailor recommendations and strategies to your situation and workplace.
Our award-winning team of HR advisors has the depth and breadth of HR leadership experience across a range of functional areas, including talent acquisition and management, union and non-union labour relations, legislative interpretation and compliance, collective bargaining, grievance administration, attendance management, workers’ compensation, non-occupational injury and illness management, compensation and benefits, terminations, and performance management.