BUS FPX 4046 Assessment 3 Workplace Investigation Report

BUS FPX 4046 Assessment 3 Workplace Investigation Report

Student Name

Capella University

BUS-FPX4046 Employee and Labor Relations

Prof. Name:

Date

Sick Time Regulation

There is no federal law mandating employers to provide sick leave to employees, yet it is critical that workers are not denied the use of their accrued sick leave. Employers are prohibited from terminating, demoting, or suspending employees for utilizing sick leave. The use of sick leave is common in most organizations, and employers must adhere to labor laws that govern sick leave in the HR field. While there is no obligation for paid sick leave, the Family and Medical Leave Act (FMLA) requires employers to offer unpaid sick leave. Additionally, employers must provide medical treatment, supplies, and medications during an employee’s sick leave period.

Employees seeking to use FMLA leave must provide medical documentation to their employer. In this case, Brian, who has been with the organization for less than a year, has been under scrutiny for his sick leave usage. Over the past two months, his behavior has raised concerns, particularly with frequent sick leave on Fridays and late arrivals on Mondays. Although Brian is valued for his work, this pattern of sick leave use is seen as an abuse of the system, warranting attention. If left unaddressed, this behavior could set a precedent for future misconduct and potentially encourage other employees to exhibit similar patterns.

Investigation Steps

Absenteeism, or sick time abuse, occurs when an employee regularly misses work without valid justification. Employers must take proactive measures to prevent such behavior and address it promptly to conserve company resources and prevent escalation. The steps involved in investigating sick time abuse include:

1. Establish Policies and Procedures: Ensure that clear policies regarding sick leave are in place.
2. Choose an Investigator: Select a fair and impartial person to conduct the investigation.
3. Analyze the Issue: Understand the scope of the issue to determine its impact on the organization.
4. Clarify the Scope and Purpose of the Investigation: Define the purpose of the investigation and the expected outcome.
5. Ensure Confidentiality: Protect the privacy of all individuals involved.
6. Organize and Collect Information: Gather relevant data, including sick leave records and any documented patterns.
7. Conduct Interviews: Interview employees involved in the situation, including witnesses and the individual under investigation.
8. Analyze Collected Information: Evaluate the gathered data to determine if the sick leave use was appropriate.
9. Close and Document: Conclude the investigation, document findings, and take necessary actions.

Before starting the investigation, we will review company policies related to sick time and tardiness. Relevant parties will receive copies of these policies during the interview stage. The investigation team will consist of myself and a colleague from HR. On Monday, two employees who work closely with Brian will be interviewed about his attendance, with the assurance of confidentiality.

Interview Process

Interviews are essential in collecting detailed information regarding sick leave abuse. All interviews will be standardized to ensure consistency. For Brian’s colleagues, the following questions will be asked:

• How well do you know Brian as a colleague?
• How often is Brian absent from work?
• How frequently does Brian arrive late to work?
• Does Brian exhibit any negative behavior upon returning to work on Mondays?
• Has Brian’s absence caused any operational disruptions?

Brian will also be interviewed to gain his perspective on the situation. His interview will include the following questions:

• How do you feel about working for our organization?
• What are your thoughts about your role within the company?
• How do you perceive your colleagues?
• Do you believe our company provides sufficient sick leave?
• Are there any health issues you would like to disclose?
• Can you provide reasons for your sick leave usage?
• Is there anything our company can do to assist you with your medical care?

Documentation

Employees are required to provide a valid excuse when calling in sick. After three consecutive sick days, a medical certificate from a licensed physician must be submitted. These documents are kept confidential under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and are stored in each employee’s personnel file. Employees can request copies of their records in writing, but access is limited to HR personnel and upper management.

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) refers to methods of resolving disputes without resorting to litigation, including mediation, arbitration, conciliation, negotiation, and transaction. ADR processes help resolve issues amicably, fostering trust and ensuring a quicker resolution. In Brian’s case, negotiation is considered the best approach, as the aim is to correct his behavior without resorting to legal action. Mediation and arbitration could also be considered if necessary.

Corrective Actions

Given Brian’s relatively short tenure and repeated misconduct, corrective action is necessary. He will receive a written warning, which will be documented in his personnel file until his employment ends. Additionally, he will be required to review the company’s policies and procedures handbook. Although the corrective action is minimal, it is designed to address the issue effectively. Brian will have the opportunity to file a grievance following the company’s grievance procedure. The organization will continue to enhance its training programs to prevent similar incidents and maintain the privacy of all involved parties throughout the process.

References

Washington State Department of Labor & Industries. (2017). Implementing a Paid Sick Leave Policy. https://www.lni.wa.gov/workers-rights/leave/paid-sick-leave/implementing-a-paid-sick-leave-policy

Centers for Disease Control and Prevention. (2022, June 27). Health Insurance Portability and Accountability Act of 1996 (HIPAA). https://www.cdc.gov/phlp/publications/topic/hipaa.html

BUS FPX 4046 Assessment 3 Workplace Investigation Report

Alternative Dispute Resolution. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/alternative_dispute_resolution#:~:text=Alternative%20dispute%20resolution%20%28%E2%80%9CADR%E2%80%9D%29%20refers%20to%20any%20method