Excessive Absence Day Today; Some Likely Fraudulent

It’s likely that some employees in your workforce called out sick today because they were watching the Game of Thrones finale last night. A recent study found that more than 10 million employees.will not report to the office today due to activities related to the Game of Thrones finale. If that occurs, the finale will join the Super Bowl and Oscars as entertainment events that instigate widespread absenteeism the day after.screen-310714_1280

Some percent of this group will likely report that they cannot come to work because they are sick when, in fact, they are not. No law protects an employee who reports fraudulently that he or she cannot come to work due to illness. The challenge, of course, is proving fraud.

Logic suggests an employer might ask the employee for a more detailed explanation of the reason for the employee’s illness to flesh out the employee’s explanation. Doing so would be unlawful in jurisdictions with a PSL law. The EEOC may view such inquiries as violating the ADA as well.

Logic also suggests an employer would require the employee to produce a doctor’s note substantiating the reason for the absence. Alas, that’s not allowed either. The various PSL laws prohibit an employer from requiring an employee to produce a doctor’s note unless the employee has been out three (or, under some laws, more than three) consecutive workdays. Even when a doctor’s note is allowed for a day here/day there absence, a note stating that the employee was absent for medical reasons, which is woefully unsatisfying when dealing with suspected fraud, is sufficient.

I have argued for some time that insufficient ink  is devoted in PSL laws to the fraudulent use of sick days. Few statutes acknowledge the issue; none give employers effective tools to deal with it. Which leads me to question whether PSL proponents believe, to paraphrase their mantra, that no one should have to choose between missing a paycheck and watching the Game of Thrones finale!