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Sick Time - given poor attendance rating

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  • Sick Time - given poor attendance rating

    On my first annual review I was given "needs improvement" under the "attendance" section. My boss told me this was because he believes if you use all the sick time given by the company (we are given 5 days annually) that he considers it to be excessive. I diplomatically let him know I felt this was wrong. If it's not stated in the handbook he simply can't make up his own rules.

    Here is the scale he devised:

    0 to 1 sick days: Excellent
    2 to 3 days: Above average
    4 to 5 days: Needs improvement
    Over 5 days: Will be written up

    The company handbook states: The company provides 5 sick days annually; nowhere in the handbook is there any mention of this.

    I went to HR about this and they told me in so many words that managers can pretty much review their subordinates in any way they like.

    Is there any labor law that addresses something of this nature?

  • #2
    For the most part, the HR person is correct. However, if you used any of the sick time to care for a sick child, parent or spouse then the supervisor is not allowed to discriminate against you for using that time. You are allowed to use up to 50% of your accrued annual sick benefits for this purpose.

    If you used all 5 days for your own illness, the supervisor is able to use the absences in reviewing your attendance.


    • #3
      You are allowed to use up to 50% of your accrued annual sick benefits for this purpose.
      Actually it's 50% of what you would accrue in a year, that you already have accrued. IE, If you accrue 40 hrs a year you can use 20hrs, if you have the twenty hrs available.
      Ca. Labor code
      233. (a) Any employer who provides sick leave for employees shall
      permit an employee to use in any calendar year the employee's accrued
      and available sick leave entitlement, in an amount not less than the
      sick leave that would be accrued during six months at the employee's
      then current rate of entitlement, to attend to an illness of a
      child, parent, spouse, or domestic partner of the employee. All
      conditions and restrictions placed by the employer upon the use by an
      employee of sick leave also shall apply to the use by an employee of
      sick leave to attend to an illness of his or her child, parent,
      spouse, or domestic partner. ...
      I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.


      • #4
        Sick time

        Thanks so much for replying. This helps a great deal. I'll let my friend at work know as well since she has 3 children.


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