Ill employees and the law

How should I handle a chronically sick employee who calls in at the last minute or struggles to come in ill? I previously switched her from hourly- to salary-based pay, and I'm considering changing her back.

"Don't make any changes or discuss this situation with staff members or the employee until you've reviewed the situation with an area attorney who specializes in employment law," says Roger Cummings, CVPM, a Veterinary Economics Editorial Advisory Board member and consultant with Brakke Consulting Inc. in Dallas. "I've seen what can happen when a loyal, dedicated, valuable long-term employee ends up feeling shortchanged, and potential for this employee to create havoc via the legal system is huge."

This staff member definitely would receive protection under the Americans With Disabilities Act, Cummings says. And both federal and state employment laws will apply in this situation.

"The laws are very specific about paying employees a salary versus an hourly wage; I'm afraid your decision to change this employee to a salaried status may not meet the legal criteria," says Cummings.

If you've written employee policies on vacation, personal days, sick pay, and so on, you'll need to furnish those to the attorney to review, Cummings says. You can still change your policy, but you need to be careful. "You must give staff members sufficient notice of the change in writing and apply the policy to all staff members equally," he says. ?

Roger Cummings, CVPM