ATTENDANCE MANAGEMENT POLICY
Employer Name Here
DRAFT FOR HR DEPARTMENT’S USE ONLY

1.    PHILOSOPHY

The Employer  recognizes that regular attendance promotes higher staff morale and fair workload allocation.

2.    GOAL

The Attendance Management Policy provides feedback to employees regarding their attendance. It is intended to provide the basis for a consistent and equitable approach towards the management of attendance.

3.    DEFINITIONS

Absence: Any scheduled hours of work time missed without permission or reasonable excuse will be considered an absence, including late arrival, and early departure.

Supervisor: Anyone at the Supervisor level, or above.

4.    EXPECTATIONS

The ability to make best efforts to punctually attend work, in good mental and physical condition, is a condition of employment.

5.    REPORTING ABSENCES

All employees unable to report to work shall notify their  supervisor DIRECTLY, as much in advance as reasonably possible, prior to the commencement of their scheduled day of work. Also, employees must contact Reception to inform The Employer of the absence. Employees must also ensure Reception has their current telephone number.

In the event of an absence, or tardiness, employees are expected to give their Supervisor a reason. Similarly, when leaving work early, employees must have the permission of their Supervisor.

6.    CERTIFICATES FROM QUALIFIED MEDICAL PRACTITIONERS

Article 99 of the collective agreement. :
•    “When required, and at the Employer’s expense, an Employee will produce a doctor’s certificate to verify her/his sick leave.”

The Employer shall request a doctor’s note from employees who have been absent for three or more consecutive days, or who have demonstrated a repeat problem in attending work regularly.

The medical certificate shall state clearly the expected date of the return to work, if possible for the physician to determine. All requested certificates shall be paid for, or reimbursed, by The Employer in accordance with the collective agreement.

Employees absent for periods in excess of 4 weeks, or returning from an absence of greater than 4 weeks, may be required to renew their doctor’s certificates from time to time, in accordance with Article 90.1.b of the collective agreement.

7.    CONFIDENTIALITY

Employees are not required to reveal to the Employer the exact nature of an illness or disability. This is designed to preserve the dignity and privacy of each employee, particularly for those suffering from ailments which might be the subject of gossip or discrimination. Rather, employees are required to state whether they are unable to attend work for reasons of health, and whether they are seeking medical attention.

8.    DISABILITY

Employees suffering from disabling conditions are protected by the provisions of local human rights codes and s. 97 of the Collective Agreement. The Employer recognizes its duty to reasonably accommodate disabled employees in consultation with the Union.

9.    ILLNESS IN FAMILY

In accordance with article 90.10 of the collective agreement, the Employer allows employees to use four calendar days of paid leave to care for their immediate family members. In these cases, employees need not produce a certificate from a qualified medical practitioner. Employees are expected to report how long they will be away from work and leave a telephone number to be reached while they are away.

10.    COUNSELLING STEPS

Employees who have a demonstrated pattern of repeated innocent absenteeism will be counselled. Counselling will meet the goals of giving feedback to employees regarding their attendance, setting expectations, and encouraging those expectations to be met.

The steps taken to counsel employees shall begin with an informal meeting. If this does not improve attendance, then a formal meeting will be held and a written letter will be submitted to the employee. These counselling sessions may be repeated, as necessary.

A Long Term Disability program is provided for employees who qualify under the insurer’s plan, and whose medical condition prevent them from performing the essential duties of their position, even with reasonable accommodations.

The collective agreement states, with respect to non-culpable discharge for absenteeism, the following:

Article 97.1.b of the Collective Agreement:

The Employer will make every reasonable effort to accommodate an Employee where the Employee incurs a mental or physical disability. Such accommodation shall be made in consultation with the Employee and the Union. In the case of a non-culpable discharge due to the fact such accommodation is not possible, Article 7.1 a) re Discrimination will not apply.

Thus, in accordance with this article, non-culpable dismissal of an employee for absenteeism will only occur where the following three criteria are met: (1.) where the absenteeism has become severe enough to demonstrate the employee is incapable of fulfilling the essential duties of the position; (2.) where all reasonable steps at counselling, accommodation of disability, or enrolment onto a long-term disability plan have failed; (3.) and, where there is no probability of future improvement in attendance.

11.    ROLES AND RESPONSIBILITIES

Employees:

•    to attempt best efforts to be physically and mentally fit for work;
•    to attend work, on time, for every scheduled day of work;
•    to provide reasons for absence, tardiness, or leaving early;
•    to contact the Supervisor and Reception if unable to attend work;
•    to seek medical care when necessary; and,
•    to provide doctor’s notes when requested under this policy

Supervisors:

•    counsels employees regarding attendance;
•    requests doctors’ notes in accordance with this policy;
•    stay in touch with employees who are away from work, and record reasons given for absences, lateness, and leaving early; and,
•    report absenteeism concerns, including absence of staff in excess of 3 days, or those who demonstrate patterns of repeated absenteeism, to Human Resources.

Human Resources:

•    distributes this policy and answers questions and concerns regarding its implementation;
•    provides employees with information concerning their personal rate of absenteeism; and,
•    provides Supervisors with information regarding the absenteeism rates for their Team and The Employer, as a whole.

J. Talbott, LL.B., is a labour lawyer, consultant, and founder of the Ottawa firm, Labour Relations Consultants. He was formerly Director of Human Resources for a unionized, national non-profit organization.  His contact information is given below.