Can we ask references about an applicant’s previous use of sick time? We’d like to get a sense of their reliability.
 

No, you shouldn’t make any inquiries into an applicant’s history of calling in sick. Asking about absences because of illness or injury before extending an offer of employment runs afoul of the Americans with Disabilities Act because it’s likely to elicit information about an applicant’s disability.

Sick leave laws may also come into play. If you’re in a state that requires you to provide sick leave, making adverse employment decisions based on the use of protected sick leave use (including deciding not to hire someone) could expose you to liability.

Finally, someone’s past use of sick time is not a good indicator of reliability, particularly when we’ve been experiencing a global pandemic for the last 2.5 years. Asking about this could eliminate great applicants who have had caregiving responsibilities and ultimately have a disparate impact (a legal no-no) on certain protected classes (according to a Kaiser Family Foundation study, 50 percent more women than men reported taking time off work to care for children during COVID-related school closures).

If you still want to consider an applicant’s previous job attendance as a gauge of their reliability, you could ask about their attendance record generally rather than asking about absences for sickness.


Still need help with what you can and cannot ask an applicant's references? Contact our team today!

Recommended For You

The Dos and Don'ts of Year-End Bonuses: A Guide for HR Leaders and Business Owners Payroll wage

The Dos and Don'ts of Year-End Bonuses: A Guide for HR Leaders and Business Owners

Barbara Collins
Barbara Collins December 4, 2024
Mental health challenges in the workplace Human Resources Benefits

Mental health challenges in the workplace

HR Pros at HR Support Center November 29, 2024
2024 Year End HR Tips from Scott Human Resources tips year-end

2024 Year End HR Tips from Scott

Barbara Collins
Barbara Collins November 21, 2024