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

Although there is no federal law mandating employers to provide sick leave to employees, it is imperative that employees are not denied the right to utilize accrued sick leave. An employer is prohibited from denying, threatening to terminate, demote, or suspend an employee for using sick leave. Sick leave utilization is a common occurrence among employees in any organization. Employers are obligated to adhere to sick leave labor laws in the HR field. Nevertheless, the Family and Medical Leave Act (FMLA) necessitates companies to adhere to unpaid sick leave policies. Employers are also mandated to offer medical treatment, supplies, and medications during sick leave.

Employees must furnish medical documentation to their employer to request FMLA in the event of absence. Brian, who has been employed with our organization for less than a year, has been under scrutiny regarding his sick leave accruals. Over the past two months, we have observed frequent instances of him calling in sick on Fridays and arriving late to work on Mondays. While we value Brian as an employee and acknowledge his hard work, such behavior is now deemed as an abuse of sick leave and warrants addressing. Allowing Brian to persist with this conduct not only sets a precedent for future misconduct but may also encourage similar behavior among other employees.

Investigation Steps

Abuse of sick time, or absenteeism, occurs when an employee frequently absents themselves from work without providing adequate justification. Employers should be proactive in preventing absenteeism before it escalates. Addressing the issue in its early stages can save the organization time and resources. The following steps outline the procedure to be followed during an investigation:

• Establish policies and procedures
• Choose your investigator
• Analyze the issue
• Clarify the scope and purpose of the investigation
• Ensure confidentiality
• Organize and collect information
• Conduct interviews
• Analyze collected information
• Close and document

Before commencing the interview process, a review of company policies and procedures pertaining to sick time and tardiness will be conducted. Copies of these policies and procedures will be distributed to relevant parties during the interview phase. The investigation team will consist of myself and a HR colleague. On Monday morning, at the commencement of the shift, two employees who work closely with Brian will be asked to attend interviews. The interviews will focus solely on Brian’s absences and tardiness and will be conducted with the assurance of confidentiality.

Interview Process

Interviewing each employee involved in the investigation is crucial for gathering comprehensive details about the situation. The questions posed to Brian’s colleagues will be standardized to facilitate analysis. The following questions will be asked during the interviews:

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

Subsequently, Brian will be interviewed to glean additional insights. This step is essential for documenting his perspective and ensuring fairness and compliance with legal procedures. The following questions will be posed to Brian:

• How do you feel about working for our organization?
• What are your sentiments about your position within our organization?
• How do you perceive your colleagues?
• Do you believe our company provides an adequate amount of sick leave?
• Are there any health-related issues you wish to disclose to our organization?
• Can you provide reasons for your sick leave utilization?
• Is there anything our organization can do to assist you with medical care?

Documentation

Our company mandates that employees provide a valid excuse when calling in sick. After the third consecutive sick day, employees must furnish a medical certificate from a licensed physician. These documents are treated with confidentiality in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and are stored in each employee’s personnel file. Employees can request copies of these records in writing, and access is restricted to HR personnel and upper management.

Alternative Dispute Resolution (ADR)

ADR encompasses methods of resolving disputes outside of litigation. Mediation, arbitration, conciliation, negotiation, and transaction are among the most common ADR methods. By embracing the ADR process, agreements can be reached amicably without resorting to lawsuits. Negotiation fosters trust and expedites resolution, while mediation brings disputing parties together for constructive dialogue. Arbitration, agreed upon by both parties, offers a structured approach to dispute resolution. In Brian’s case, negotiation is deemed appropriate as legal action is not warranted, and the objective is to correct his behavior without antagonizing him.

Corrective Actions

Given Brian’s tenure of less than a year with our organization and his recurrent misconduct, corrective action is imperative. Brian will receive a written warning, documented in his personnel file until his employment ceases. Additionally, he will be required to undergo training by reviewing our policies and procedures handbook. This corrective measure, albeit minimal, is effective in addressing the issue. Brian will have the opportunity to file a grievance if he deems it necessary, adhering to our company’s grievance procedure. We will continue to enhance training in all company policies and procedures to prevent similar incidents in the future. Privacy of the employees involved will be safeguarded throughout the process to maintain trust and prevent potential retaliation.

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

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