How do we handle PTO abuse?

Our company went to PTO (paid time-off) to try and eliminate sick abuse. We still have an employee who calls out sick (instead of scheduling time-off). Pay is not the issue, because he has already used up his PTO and is put on a leave-without-pay status. Since we no longer give sick hours, can we ask for doctor's slips? What about if he does this in one-day increments with no pattern? Thanks for your help.

Rita Risser's Response:

Why haven't you fired this person? He has exceeded his PTO and that is grounds for termination, unless he has a serious health condition under the Family Medical Leave Act or a disability under the Americans with Disabilities Act. I suggest you give him a final written warning that any further PTO use until accrued is grounds for immediate termination. Of course, I am assuming that no one else has exceeded their accrued PTO. If so, and they do not have FMLA/ADA reasons, their employment also must be terminated.

If the plan provides that PTO must be scheduled in advance unless it is for medical reasons, then I think you have the right to ask for a doctor's note to justify unscheduled absences.

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