This question already has an answer here:
A colleague who reports to me has been taking sick days (back issues etc... and, we have unlimited sick day policy). However, it looks like it has not made significant dent on life outside of work - after hours/ weekends. This person is connected to another colleague on Facebook and that person keeps reporting "Looks like another night out ..." while the posts are by this individual none of the post show the person.
I have had multiple conversations with this individual about their sub par performance even prior to the medical condition. Now, due to the medical condition their absence from work has increased and performance has decreased further.
My question is a) How do I bring this disconnect between work and after work to this person's attention/ HR b) Should I even treat this as a medical condition and request doctor's note etc... or should I treat it as performance issues and remove the person c) Will treating this as performance issue open us to legal action due to medical condition etc...