Can you discipline a hungover worker?

Some employees might call in sick, others will battle through the workday. Here’s what HR should do about it

Can you discipline a hungover worker?

After a boozy night out,  an employee may be best to call in sick – as much as it might grate with their employer.

If the worker is entitled to personal emergency days, they’re within their rights to use them to recover from a hangover, a legal expert says.

“There’s no requirement that [an emergency day] be for something specific. On that point, just straight up, can you take one? Yes. In accordance with the [Employment Standards Act], you’d be able to take 10 hangover days,” says Shields O'Donnell MacKillop lawyer Todd Weisberg.

But outside of those emergency days, he adds, the staff member’s failure to show up for work could amount to culpable absenteeism.

“It’s something the employee’s brought on themselves, they’ve missed work because of it, that could potentially lead to discipline.”

Likewise, being hungover on the job could be grounds for discipline – though that will depend on several factors.

“If there’s a policy in place dealing with hangovers or anything like that, that might be an issue that you need to look at. The other issue could be if you have a place of employment where safety is a key concern, or where reputation is big - that might create grounds for discipline, where some other jobs might not,” Weisberg says.

“It really depends on the nature of the position, the nature of the work that they’re doing. Obviously, if it’s a safety-sensitive position and that person comes in and is unable to work in a safe manner, that could be an issue.”

One other issue HR professionals must consider is whether the staff member’s hangovers might be a symptom of alcoholism – and whether an intervention is necessary.

“The minute an employer recognises an issue, that probably is the time to have that first discussion and try to find out if there’s anything you can do to correct the issue.”

Addressing it upfront also helps to ensure that staff don’t get the impression the company’s culture simply shrugs off their drinking behavior.

“What I see a lot is employers letting absenteeism slide, and then it gets to a point where there’s an issue with whether or not you’ve condoned that absenteeism and that conduct. From a business perspective, you want these people to know that that’s something that they can’t get away with on a regular basis.”


Related stories:
Lack of paid sick days a public health risk
What happens when a worker falls sick on vacation?


Want the latest HR news direct to your inbox? Sign up for HRD Canada's daily newsletter.
 

Recent articles & video

Manitoba government reinstates 1:1 apprenticeship ratio

Two-thirds of Canadian organizations expecting cybersecurity incident

Training leaders to address chronic pain issues

Employee relocation to another province

Most Read Articles

Province introducing paid sick leave as of Oct. 1

Lecturer fired for misogynistic paper published in his name

Ottawa limiting employers’ access to Temporary Foreign Worker Program