Due to the fact that the law does not stipulate in which cases the absence from work should be forgiven to the employee, the employer independently makes such a decision. In order to avoid a controversial situation, we will give a number of the most common examples.
The most common legitimate reason for absenteeism is the deteriorating health of an employee. But what if the illness is confirmed only by a certificate from a doctor, and the employee did not draw up a sick leave?
Courts have different attitudes towards evidence of temporary disability of an employee: there are decisions according to which a regular medical certificate confirms that the employee missed work for a good reason. The absence of sick leave in this case can only affect the payment of the days of absence from work, but does not mean the absence of a truancy.
However, there are also the opinions of the courts that it is precisely the certificate of incapacity for work that is needed, because in all other documents there is no conclusion about the patient's ability to work.
Given this discrepancy in the positions of the courts, it is still better to issue a certificate of incapacity for work, even if for one day.
If an employee applied for sick leave the day after being absent from work (for example, because it was a day off at the hospital), and the sick leave was issued, the first day of illness cannot be considered absenteeism either.
Certainly, a good reason cannot be recognized - treatment at home without going to a doctor, as well as undergoing a medical examination without a referral from the employer.
In any case, the courts proceed from the fact that an appeal to a hospital or a doctor should end either with the issuance of a certificate of incapacity for work or the issuance of a certificate containing a conclusion about the impossibility of fulfilling one's labor duties.
Situations when an employee is absent without a sick leave due to a child's illness, the courts consider as a good reason if there is a certificate from a pediatrician. Also, you cannot fire an employee who missed work in connection with seeking emergency medical care for a child.
If an employee, while on sick leave, went to work and left the workplace without warning, it is impossible to dismiss for absenteeism, since only a closed sick leave speaks about restoring the ability to work.
Good reasons are also recognized: absence from work during urgent emergency work at home; in connection with travel to the place of study and back, subject to official student leave; in cases of participation in court hearings (on a summons) as a plaintiff, defendant or witness. However, given that participation in court as a representative is voluntary, absence from the workplace without the consent of the employer in this case is absenteeism.
