Untouchable Employees

[911Dude]

We have an issue in our center where one employee seems to have been able to get a doctor's note to allow him to call out sick at anytime for any reason without limitations. This employee calls out sick on average 4-7 times a month. When he does show up to work, he is fully capable of performing all the duties that the rest of us have to do. He's not on light-duty and not given special arrangements while at work. He is also allowed to sign up for as much overtime as he wants. My question is that does any other agency have any similar situations where you could offer some advice. This has been going on consistently for a couple of years, and there have been attendance issues with this employee for at least 7 years that I know of. I would think our management staff would be able to restrict the amount of overtime that he is allowed to sign up for and work - for the simple fact that if he's unable to show up for his regularly scheduled shift, then clearly he is not fit for duty to be working a lot of overtime or 12-hour shifts (we regularly work 8-hour shifts). Or restrict his ability to 'bump' less senior employees for the overtime. When he calls out sick for work so often, that's causing more overtime that the department has to pay for and also causing other employees to be held mandatorily to cover for him. Does anyone have any suggestions?

[kelley.parton]

I believe you will get alot of responses from this post. It will be interesting to see what others might say about your post.

The agency where I work at have two untouchables - however; not dealing specifically with sick time. These two untouchables can do not wrong. Abuse sick time, deceitful, bullies, etc. They work on the same shift together so when one isn't here, they're kind of on their own. None of their co-workers enjoy working with them because they bring morale down seriously low. They, too, can play with the sick leave time and get away with it.

I am still determining why these employees are so much more important than the actual good employees that are working here.

[azb2005]

I don't want anything I say to be construed as an effort to minimize your frustration, because I read you loud and clear, and I have also experienced what you are describing.

On the other hand, is it possible the person you are talking about has a legitimate medical condition which causes him to be gone from time to time, while at other times, being perfectly able to handle the overtime requirements?

Just want to make sure you're considering both possibilities, if you are privvy to that information, but it isn't clear in your post.

[MrJim911]

I was going to ask the same thing as azb2005. Unless you are aware of the specifics of his medical condition I cannot comment on the situation or give advice. If he has a legitimate medical condition, then so be it. Working OT may be his way of making up the time he can't work his normal hours.

[911Dude]

Although I don't know the specifics of his medical condition, I do know that he is perfectly capable of living a normal life outside of work. He goes skiing, boating, tubing, bowling, and participates in other physical activities. While I understand that I might not understand his "condition", or that there might even be a "condition", it's ultimately really frustrating for the rest of us that show up everyday for our shifts. I do understand there are people who have legitimate issues and medical conditions and I would never belittle those issues - but it's been the concensus for years that this is not the case with this employee. It appears to be a case of "work really hard to not have to work" while the rest of us work really hard to cover for him working on working.

[azb2005]

So the tricky thing here is that he may have a legitimate medical issue, but his privacy is protected. While on the other hand, the situation appears outwardly to be nothing more than an employee manipulating the system. Frustrating!!!

Have you talked to a supervisor or manager about your frustrations?

[Spanky]

I can totally relate to your post. At my center we have several "untouchable" employees. But with that said, I am also a former union steward and have see both sides. Unfortunately the county I work for can't do anything about the calloffs because there is a doctors excuse ... and likewise the county can't inquire farther into it because of HIPA. Fact is that they were seen by a doctor who stated they could not be at work. And as far as not allowing them to sign up for overtime, I don't believe there is any agency out there (based on what I just said) that will do that .... because if they can be at work ... they have every right for the overtime as anyone else.

[outkasted]

Every center seems to have their "untouchables". One that gets me is the ones who work overtime on their r.d.o's. and call in sick on their regular shift. 911 dude? All i can say is what goes around comes around. If the untouchable is working the system and not really sick, he/she will get theirs. It may take years, but they will get it. Karma is a bizill. ya dig?

[lwhitham]

We also have a couple "untouchables" with doctor's notes who seem to play the system to their advantage. Like other posters here, however, I have play devil's advocate - what if this employee has a condition such as Crohn's disease or some other type of illness that presents itself with occasional flare ups? Could it be possible that the illness is valid?


However, our HR has contacted the doctor's writing these "notes" and demanding information that does not violate HIPAA...
1) What part of the employee's job description are they unable to perform due to their condition?

We have found that when doctor's are put on the spot - subject to deposition - they are less likely to write such vague excuses.

Also, we have also sent dispatcher for "fitness for duty" exams when their notes preclude them from qualifying to work the basic job descriptions memorialized on our job descriptions. If your flyer says shift work, rotating shifts, nights, overtime and holidays, you may be able to challenge the validity of their note.

[emergency911voice]

I also have a couple of questions based on the "sickies" in our center with the Dr. Notes. Is it actually this person that is sick or is he caring for a sick family member? Is his sick time part of FMLA? Is he getting overtime pay in the same week he is using the sick time?

[TXME911]

We had a person that is no longer employeed here for other reasons, that played musical doctors. They always went into the ER and always had a note available. Until we called one day to be sure that they were actually at the office when they said that they were. Guess what ? They had forged a note.

We also have some people that for some odd reason the rules don't apply to them. We have written them up and done verbal warnings, now it is in the hands of Management and for some reason they aren't doing anything, which horks off the other people that follow the rules...like coming to work on time....not taking excessively long breaks...that kind of thing. It is hard to tell another employee that follows the rules why nothing seems to be done with these "problem children".

This is way frustrating as a supervisor as well, since the majority of this goes on during normal business hours when higher management is at work. Oh well, if everything was right in the world I wouldn't have a job.

[Nemesis Prime]

We have a rule here that an empleyee is not elligible for an overtime shift after calling out sick unless he/she has already come back to work their own regular duty shift. I don't know if that would help at all in your situation though. Also does this person take days off in any consistent pattern? That is something management could go after, like if they just happen to be out sick every 2nd day of the week for 4 months straight or something like that.

[BeyondReality]

Where I work if you call out sick you are restricted to your residence unless you call and say you are running to the store for medicine. And the officers will come to your house and do a house check on you to make sure you are home. If your not its an SOP violation and you get written up.

[MrJim911]

Yea, SOP's cannot govern what you do out of work. Calling into to work saying I'm going anywhere for any reason is out of the question. Not to mention if I was the one having to answer that call I'd be really annoyed at being interrupted with non-sense.