‘Twas the day before Christmas, and all through the workplace,
A few diligent employees were working apace,
Others had taken vacation to spend time with St. Nick,
While still others were absent having called in sick.

Some surely were, for it was cold and flu season!
But the Manager wondered if some had another reason.
The very next day was a paid holiday,
And some planned to travel to far, far away.

Some of them grumbled “we should have the day off,”
And some had displayed an unconvincing cough.
Although she hated to be such a Grinch,
Their absence had left their colleagues in quite a pinch.
How could she identify the dishonest faction,
And if so, could she take remedial action?

She could act out rashly, but what would be wiser,
Would be to contact her trusted legal adviser.

They could help her to notice some typical clues
To identify where there is sick leave abuse
One sleuthing method that is true and is tried,
Is to check if the employee had a vacation request denied.

Another way to find the clue that you seek,
Is to consider whether it is a holiday or other short week.
The Manager noticed this suspicious timing,
And your exhausted blogger cannot believe he is still rhyming.

The employee’s public social media posting
May tell whether he is sick, or just ghosting.
As the Manager grew increasingly suspicious,
Her trusted adviser reminded her, “be judicious.”

It is hard to prove sick leave lies and misdirections
And California employees have robust sick leave protections.
While sick leave abuse can be cause for discipline,
Remember the “Kin Care” law is not just for kin!

And while an empty office is a cause of frustration,
So too is a DLSE charge for retaliation.
Although you may think your “sick” worker is trimming his tree,
Even asking for a doctor’s note is not risk-free.

And before you assume the employee is just stuffing her stocking,
Please consider whether she is a victim of domestic violence, sexual assault, or stalking.
Because not only is that the right thing to do,
Those are valid reasons for sick leave under AB 1522.

Be patient, look for patterns or habits.
Was he also “sick” Monday after the Easter Rabbit?
Discipline is fraught, and if you choose to do the deed,
Cautiously is how you should want to proceed.
The Manager sought advice, and could proceed without fight,
And at last, your blogger says Happy Holidays to all, and to all, a good night!

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Photo of Paul D. Knothe Paul D. Knothe

Paul Knothe practices in Liebert Cassidy Whitmore’s Los Angeles office where he advises and represents public agency and community college clients in employment law, with an emphasis on public safety issues.

Paul advises public safety agencies on complex and cutting-edge issues arising from…

Paul Knothe practices in Liebert Cassidy Whitmore’s Los Angeles office where he advises and represents public agency and community college clients in employment law, with an emphasis on public safety issues.

Paul advises public safety agencies on complex and cutting-edge issues arising from police reform legislation, including the transparency laws reducing traditional Pitchess protections and exposing peace officer personnel records to disclosure in response to Public Records Act requests.  He is a dynamic public speaker and provides training to law enforcement leaders on these reforms.  Paul is also well versed in the Public Safety Officers Procedural Bill of Rights Act (“POBRA”) and handles sensitive disciplinary issues and high-profile civil litigation and disciplinary appeal cases regarding claims of uses of force, off-duty misconduct, and discrimination, harassment, and retaliation.  Paul serves as a member of LCW’s Public Safety Practice Group Executive Committee.

A seasoned litigator, Paul defends clients in state and federal courts at both the trial and appellate levels. He has successfully defended agencies in collective action, multi-plaintiff, and single-plaintiff employment matters.  Paul litigates a full range of employment law matters including alleged discrimination, harassment, retaliation, POBRA, and wage and hour issues.   He manages all aspects of litigation, from case assessment and pre-trial motion practice, through all forms of discovery proceedings, and settlement, to trial.

Additionally, Paul conducts thorough workplace investigations, with a focus on high-profile incidents or allegations against senior management personnel.