What causes of absenteeism can be respectful
The most common valid reason for absenteeism is the deterioration of employee health. But what if the disease is confirmed only by a certificate from a doctor, and the employee did not make out a sick leave sheet?
The courts have different attitudes to the evidence of temporary incapacity to work: there are solutions, according to which a regular medical certificate confirms that the employee missed work for a good cause. Lack of hospital in this case can only affect payment for days of absence at work, but not talking about committing truancy.
However, there are opinions of the courts that it is necessary to have a list of incapacity for work, because in all other documents there is no conclusion about the patient's ability to work.
Considering this discrepancy in the positions of the courts, it is better to still issue a disability sheet, even for one day.
If the employee has applied for sick leave on the day following the absence (for example, because the hospital was closed), and the hospital was decorated, the first day of sickness absenteeism to consider too.
Quite justifiable reason can not be recognized - treatment at home without contacting a doctor, as well as passing a medical examination without sending an employer.
In any case, the courts proceed from the fact that treatment in a hospital or doctor has to end, or design of a leaf of invalidity or issuing a certificate containing a conclusion about the impossibility to fulfill their duties.
A situation when an employee is absent without registration sick leave due to illness of the child, courts consider as a valid reason, if there is a certificate from a pediatrician. Also, you cannot fire an employee missed work in connection with the appeal for emergency medical care for a child.
If the employee, while on sick leave, went to work and left the workplace without warning, he can not be dismissed for absenteeism, since only a closed sick leave sheet speaks about the restoration of working capacity.
Respectful reasons are also recognized: the absence of work at home during urgent emergency works; in connection with the passage to the place of study and back, subject to formal student leave; in cases of participation in court hearings (on the court summons) as a plaintiff, defendant or witness. However, considering that participation in court as a representative is voluntary, absence in the workplace without agreement with the employer in this case is a truancy.