As a manager, what can I (and what can I not) say/ask an employee when they call in sick?

Question

I'm the manager at a store and from time to time have to deal with employees who call in sick. In these situations I've heard that there are limits to what I can ask an employee about their sickness as well as whether or not they can come in later.

I'm not sure what other information is pertinent, but the company is in California, we do have an allotment of 10 sick days annually, in addition to personal days (2), and vacation (varies). I'm trying to avoid HR issues, but I'd rather not have to contact HR if I don't have to!

Answer 1

As long as they aren't doing it to often then don't say anything other then "i hope you feel better".

Answer 2

If they call in sick, they call in sick. If they are past their 10 days, then you have every right to fire them, or if they take "sick days" before vacation or time off... then you have right to get rid of them.

Answer 3

Due to the HIPPA laws, which keeps a Dr or hospital from disclosing any personal medical information about someone..there are real issues with what some company's can and can't do...however, I would talk to someone in your HR department about their policy and current HIPPA regulations for you as a manager.  If your company offers 10 sick days, I think the employee can take those days on a basic "no questions asked" basis..anything past the alloted 10 (plus 2 personal) I would think a company has every right to ask for a Dr's note...however, know what the Dr cannot put anything about the illness or injury without the express consent of the patient (employee), other than "Ms Smith was in to see me today due to illness"...

This, I think would be something you really do need the guidance of your HR department...it's what they are THERE for...

Answer 4

You can require them to bring a doctor's note if they are absent for a certain amount of days otherwise, there's not a whole lot you can do other than allow them to take the day off.  

Answer 5

AS long as they don't take sick days too often, just let them

Answer 6

Tell them to bring in a doctors note..... Just for future refernce and if they are absent more than 3 times in a short amount of time without a docs not then fire them simple as that.... Tell them you are noticing that their job is not of a great concern to them and you have someone who can replace it

Answer 7

By law you can't ask medical questions. However it is likely your company has a policy about what information you should and should not ask. Sorry, but the best source of that information is HR.

Answer 8

Since you want to avoid HR involvement, if the employee is only taking their allocated sick time, then you should just accept their word that they are sick and leave it at that unless you have reason to believe they are not sick, but are just taking advantage of the time off.    

I bvelieve you may ask them what is wrong and ask if they think they will be in the next day because you need to make sure that the employee's shift is covered.  

I believe that in California, you may request that the employee provide a doctor's note if they are using non-sick time for illness.  

Of course, you should check with the California Department of Labor (http://www.dir.ca.gov/) on all of this.