• Types of absenteeism: culpable, innocent: making the distinction • Addressing the root causes of absenteeism to determine if it is a symptom of stress, burn-out, addictions etc. • Proactive strategies and guidance to rectify the behaviour • Attendance policy: tips and strategies • Ignoring it won't make it go away: how to communicate expectations, policy and confront the issue • Determining when termination is appropriate

1. Absenteeism,
Destructive Workplace
Behaviour, Root Causes
3:40 Weds Dec 5, 2012
Infonex 1045 Whitehorse
Chris Hylton
800 449-5866 chris@hylton.ca

2. Agenda
2  • Types of absenteeism: culpable, innocent:
making the distinction
 • Addressing the root causes of absenteeism to
determine if it is a symptom of stress, burn-out,
addictions etc.
 • Proactive strategies and guidance to rectify
the behaviour
 • Attendance policy: tips and strategies
 • Ignoring it won't make it go away: how to
communicate expectations, policy and confront
the issue
 • Determining when termination is appropriate

3. What attendance issues we
can try and solve for you in
this session?
Open discussion 3

4. 4
Employers must be knowledgeable about
absences, how
much they have to tolerate and how they can
respond effectively.

5. FORMS OF ABSENTEEISM
Innocent Absenteeism Culpable Absenteeism
Long Repetitive
Term Short Term
Condition Absences
CANNOT IMPOSE DISCIPLINE! DISCIPLINE WARRANTED

6. INNOCENT ABSENTEEISM
 Disability, illness, other legitimate health
reason
 Discipline is inappropriate
 May lead to non-disciplinary termination
if:
 Employee has record of excessive
absenteeism
 Employee is incapable of regular
attendance in the future

7. Do List
1. Track absences
2. Provide warnings
3. Provide opportunity to improve
4. Be consistent

8. MONITORING
INNOCENT ABSENTEEISM
 Institute attendance management program AMP
 Understand the actual levels of absenteeism
 Analyze and determine where problems are
 Record all incidents of absenteeism and lates

9. MANAGING
CULPABLE ABSENTEEISM
 Don‟t rigidly adhere to defined policies
 Disciplinary policies are helpful
 All absences are presumed innocent unless
proven culpable (although the employer may
put employees on notice that they need to
substantiate the reasons for an absence)
 If culpable, then discipline may be warranted
 Use progressive discipline

10. FEATURES OF ATTENDANCE
MANAGEMENT PROGRAMS
 Direct attention to improving health and safety;
 Provide health services and facilities;
 Provide employee assistance programs;
 Provide attendance incentive programs;
 Collect and publish attendance statistics;
 Set attendance goals and monitor achievement;

11. FEATURES OF Program
 Provide feedback, counselling and other forms
of support;
 Impose discipline when warranted; and
 Implement last chance agreements when all
else fails (more common in the unionized
setting).

12. Termination:
THE LAST RESORT
 Employer has to demonstrate:
 Record of excessive absenteeism
 Incapable of regular attendance in the future
 Accommodation to the point of undue hardship
 Follow program of progressive discipline
 Terminate with caution = there is always a
risk of a grievance or a human rights
complaint

13. DOCTRINE OF FRUSTRATION
 Absenteeism resulting from illness or disability is not
cause to terminate
 Test for frustration of contract:
 Is it temporary or permanent
 Does it prevents performance of essential duties of position,
even after accommodation

14. FACTORS TO CONSIDER
 Terms of any existing contract
 Anticipated term of employment
 Nature of the employment
 Nature of the illness or injury & prospects for
recovery
 Period of past employment

15. BOTTOM LINE
The longer the relationship
+
The greater indicators of
commitment and loyalty
=
The more difficult it will be to
establish frustration

16. TERMINATION & SEVERANCE
 Even if frustrated, employer will have to pay
termination and severance pay in accordance
with Employement Standards
 Ontario Nurses’ Association v. St. Joseph’s
General Hospital, [2006] O.L.A.A. No. 155
(Randall)
 Now reflected in changes to Reg. 288/01 – no
longer an exemption from termination or
severance pay under Employement Standards

17. REINSTATEMENT OF EXCESSIVELY
ABSENT EMPLOYEES
 Was there a triggering absence?
 Were the absences blameworthy or innocent?
 Ifinnocent, what is the prognosis for future
attendance?
 Did the employer adequately notify the employee
of expectations with respect to attendance?
 Did the employer warn the employee that
discharge may result if attendance did not
improve?
 What was the workplace average absenteeism

18. LAST CHANCE AGREEMENT
 Similar to a last chance award, but avoids the
time, expense of arbitration – negotiated by
the parties;
 Usually establish a very high attendance
standard;
 Additional conditions, as applicable;
 Complete abstinence from the substance at
issue;
 Completion of recovery program;
 Random drug testing;

19. LAST CHANCE AGREEMENTS
Purpose:
Keeps employee in the
workplace, but imposes
stringent conditions
Ensures employee knows job is
in jeopardy if performance does
not improve
May promote rehabilitation

20. When Are Last Chance
Agreements Appropriate?
 Where an employee has been
unresponsive to progressive discipline or
efforts to address an attendance problem
(particularly if it‟s related to an addiction or
other disability)
 Should not be used too early in the
process of dealing with a problem
employee and is not a substitute for other
accommodation options
 A last chance agreement should only be
part of a broader effort to accommodate

21. Last Chance Agreements should Include
• An express recognition of the nature of the employee‟s
problem (e.g., addiction or alcoholism) and efforts the
employer has made to accommodate the employee
• Recognition that the employer and, if applicable, union
have taken all reasonable steps necessary to
accommodate the employee to the point of undue
hardship
• Specific details of the conditions applied to the
employee‟s continued employment, including details of
any treatment, after-care, attendance expectations, etc.,
as well as the employee‟s
commitment to comply with these conditions

22. Last Chance Agreements:
What They Should Include (cont‟d)
 A provision expressly stating that breach of any
condition of the agreement will result in the
employee‟s discharge
 Agreement that reinstatement of the employee
following a breach of the agreement would amount
to undue hardship
 Agreement that failure to discharge for breach of
the agreement does not constitute waiver
 An express prohibition on an arbitrator substituting
any lesser penalty in the event that there is a
breach

23. Benefits of an Enforceable
Last Chance Agreement
 Provides an additional opportunity for an
employee to salvage his/her employment
 Provides the employee with a „wake-up call‟ –
often those who suffer from addictions will not
seek and pursue treatment until they lose their
employment
 May be viewed as being one aspect of the
employer‟s duty to accommodate (provided that
it is complements other efforts)

25. Why bother?
Direct Costs
 Replacement of absent worker
 Loss of productivity
 Sick leave with pay and benefits
Indirect Costs
 Reduced service to patients and larger
community
 Damage to morale of other employees
 Time spent managing employee and/or claim

26. Types of Absenteeism
 Innocent (non culpable) absenteeism:
individuals are legitimately away due to health
issues
 Culpable absenteeism: individuals not validly
away; are utilizing sick leave for purposes
other than health issues

27. Absence Management Plan
Monitors
 Innocent (non-culpable) Absenteeism
 Culpable absenteeism is a disciplinary issue
and once established, should not be dealt with
under AMP
 However…..tracking all absenteeism can be
helpful in determining culpable absenteeism

28. Legal Validity
 Consistent with Collective Agreement
 Brought to the attention of employees
 Reasonable and Not Discriminatory
 Clear and Consistently enforced

29. Legal Validity
Absenteeism Management Process
must allow for:
 Flexibility and consideration of individual
circumstances
 “Progressive escalating response”
 Not disciplinary
(Hospital Employees Union v. Health Employers
Association of BC (2002) BCLRBD No. 112)

30. Facts about CLS‟ AMP Program
 Implemented May 2005
 Revisions July 2008
 Four Step Program
 Target 3.5% absenteeism (9 days/year)
 Absenteeism rate range 3.73% to 4.5%
 Includes Sick with pay; Sick without pay;
Medical Appointments

31. CLS ISSUES
 People working when sick
 Targeting right people
 Target vs. Average
 How to exit the program
 Ownership and accountability
 Time required to manage program
 EDUCATION!!!

32. UNION ISSUES
 People working when sick
 Targeting right people
 Target vs. Average
 How to exit the program
 Concern singling people out
 Early intervention – intrusive
 Supervisor abuse – “I‟ll be watching you”
 EDUCATION!!!

33. What Reports Exist?
 Monthly Sick Time Reports
 AMP Reports
 Employee Absence Calendars

34. Reports
Sicktime Usage (52 week period ending May 16, 2008)
Manager: Edward Quartermaine
Supervisor: Ned Ashton
Sick Sick All Cost
Emp Employee Name Medical Sick Total All In EE % Corp
Cost Centre Under Over Hours Centre
No (Last, First) Appts (Traded) Sick Hours AMP Sick Target
30 30 Worked Avg
71410000000 1714 BARRETT, BRENDA 0.00 72.75 0.00 0.00 72.75 750.00 822.75 No 8.84% 3.50% 3.85%
71410000000 1474 CORINTHOS, SONNY 2.25 251.00 0.00 0.00 253.25 1490.75 1744.00 Yes 14.52% 3.50% 3.85%
71410000000 1594 JAX, JASPER 0.00 31.00 0.00 7.75 38.75 1570.56 1609.31 No 2.41% 3.50% 3.85%
71410000000 1234 MORGAN, JASON 0.00 3.00 0.00 0.00 3.00 1553.50 1556.50 No 0.19% 3.50% 3.85%
71410000000 1354 WEBBER, ELIZABETH 0.00 38.75 0.00 0.00 38.75 1976.25 2015.00 Yes 1.92% 3.50% 3.85%
71410000001 1834 CASSEDINE, NIKOLAS 0.00 7.00 0.00 0.00 7.00 2008.00 2015.00 No 0.35% 3.50% 5.59%
71410000001 1954 DAVIS, ALEXIS 5.00 40.75 0.00 0.00 45.75 1811.63 1857.38 No 2.46% 3.50% 5.59%
71410000001 2074 HOWARD, KATE 25.00 230.00 0.00 0.00 255.00 1380.69 1635.69 No 15.59% 3.50% 5.59%

35. Reports
Employees who are over 3.5% and are not in the AMP
Manager: Edward Quartermaine
Supervisor: Ned Ashton
52 wk Period Ending: May 16, 2008
Out of the
Emp Employee Name Sick Worked All EE % Previously
FTE Program Comments
No (Last, First) Hours Hours Hours Sick In Program
(dd/mm/yy)
1714 BARRETT, BRENDA 0.41 72.75 750.00 822.75 8.84% No 30 May 07 - Employee close to target. Watch for now.
12 Sept 07 - Employee reduced status to casual.
20 Nov 07 - Employee moved into perm .4 position.
Sicktime 5.25% .
Supervisor Feedback:
Calendar Request: Yes/No Comments:
Put in Step I: Yes/No
2074 HOWARD, KATE 0.81 255.00 1380.69 1635.69 15.59% No
Supervisor Feedback:
Calendar Request: Yes/No Comments:
Put in Step I: Yes/No

36. Reports
Follow-Up for Employees in AMP
Manager: Edward Quartermaine
Supervisor: Ned Ashton
52 wk Period Ending: May 16, 2008
Functional Emp Employee Name Follow- Percent Step II Step III
Step I Information
Centre No (Last, First) Up Date EE Sick Information Information
71410000000 1474 CORINTHOS, SONNY 15-Apr-08 14.52% Date into Step 1: September 24, 2007 Date into Step II: Date into Step III:
24 Sept 07 - rate at 5.59% . Entered into AMP
Supervisor Feedback:
Calendar Request: Yes/No Request Letter: Yes/No
Next Follow Up Date: If no, provide reason:
71410000000 1354 WEBBER, ELIZABETH 03-Jul-08 1.92% Date into Step 1: January 24, 2007
24 Jan 07 - rate at 5.59% . Entered into AMP
07 Jul 07 - rate at 7.50% . Send follow-up letter,
continue to monitor
28 Dec 07 - rate at 3.7% . Send follow-up letter,
rate improved
Supervisor Feedback:
Calendar Request: Yes/No Request Letter: Yes/No
Next Follow Up Date: If no, provide reason:

38. Process
R e po rts G en e ra ted
by HR
In d ivid u a l R e po rts S e nt
to S up e rviso rs
- E m p lo ye e s o ver 3 .5% an d are no t in th e A M P
- F o llow -u p fo r E m p lo ye es in the A M P
S u p e rviso r C o n sults with H R a s Ne e d ed
S u p erviso r C o m p le te s w ith C o m m e n ts
S u p e rviso r R e tu rn s C om p lete d R ep o rts to HR
- N ote s E n tere d in to Da tab a se
H R Co m p lete s Re q u este d A ction
i.e . L e tte rs g e ne rate d, C ale nd a rs g en e ra ted

40. What to Consider When
Entering Employees Into AMP?
 Are they over the corporate standard of 3.50%?
 Are they over the departmental average?
 How long have they been over the standard?
 By how much are they above the standard?
 How many incidents of illness are there?
 Is this an isolated incident with low probability of
recurrence?
 Is absenteeism related to a disability?

41. What to Consider When
Entering Employees Into AMP?
 What is their length of service?
 Is the employee participating in a graduated
RTW plan?
 Has the employee achieved a full RTW with no
restrictions?
 Are there any unusual circumstances that may
have precipitated a spike in absenteeism?
 Has the person be at Step 1 or 2 previously?
 Does the employee have a chronic illness?

42. What to Consider When
Entering Employees Into AMP?
 Consideration for enrolment is over the
corporate standard for a period of at least six
months
 If you have initial concerns in determining
entrance into AMP, contact your HR consultant

43. Step 1
 Step 1: Informal Notification, Initial Concern
 Notification package provided to employee
 Contains absence history, AMP process, internal
and external support
 Goal is to inform employee and offer education

44. Step 2
 Formal Discussion, Continued Concern
 Supervisor and employee meet
 Union representation is offered
 Purpose is to determine of there are underlying
health issues
 A referral to Occupational Health and Wellness
may be made

45. Step 3
 Formal Discussion, Advance Concern
 Supervisor and employee meet
 Union Representation offered
 Attempt to get at underlying issues
 Mandatory referral to Occupational Health and
Wellness

46. Step 4
 Employment Discussion
 Supervisor and Employee meet
 Union Representation required
 Focus on continued employment relationship in
serious jeopardy
 Employee is placed on a 90 day trial period.

47. Legal Validity
Termination for Non-Culpable absenteeism
 Past record of excessive absenteeism
 No reasonable expectation or prospect of
regular attendance in the future
 Employee has been warned multiple times and
knew expectations and possible outcomes
 If there is a disability, it has been
accommodated to the point of undue hardship

48. When do Employees move to
the next step?
 Where the level of absenteeism has not
improved.
 Where the level of absenteeism has increased.
 Where an employee has been non-compliant in
recommendations for improvement.
 A reasonable amount of time has lapsed since
entering the previous step.

49. AMP Letters
 Follow up letters should be sent every 3-6
months so the employee can see their
progress – Employer obligation!!
 A separate file is kept in HR for each employee
in AMP

50. How Are Employees Removed
From AMP?
 Steps 1 & 2
 Maintain sick time average below corporate standard
for at least six months
 Step 3
 Maintain sick time average below corporate standard
for at least nine months
 Step 4
 Maintain sick time average below corporate standard
for at least twelve months, evaluated on a case-by-
case basis

51. What Works?
 Metrics
 Organizational Target (ie. 3.5%)
 Regular Communication
 Supervisor Buy-In and Education
 Consistency in the message and actions
 Involving the Union

52. What Works (Cont‟d.)
 Not one size fits all approach.
 Absenteeism Management Policy
 Supervisor tools: Guidelines, Letter
Templates, Discussion Templates
 Highlighting the Exit strategy for employees as
the goal.

53. What Doesn‟t Work?
 Lack of supervisor buy-in and education
 Not being on top of the program
 Blanket policies or actions
 Chronic Illness Employees
 High maintenance – Do the Cost-Benefit
Analysis

54. Next Steps
 Integrated Health Program
 Lead – Occupational Health and Wellness
Distribution of Sick hours
 Focus on hi usage 0.49% 0.82%
 Supervisor buy-in 18.65%
0.14%
8.60%
Medical Appts from Sick Bank
Sick under 30 days
Sick over 30 days
Sick Other
Sick No Pay
Sick (Pick up Shift) 71.30%

55. Sick Notes
Guidelines:
1. Is the employee in AMP?
2. What is the employee’s current
absenteeism rate?
3. Does the employee have patterns of
calling in sick on certain days/weekends?
4. Is there a written requirement to provide
sick notes as a result of an agreement?
5. Has the employee requested the same
time off and been denied?

56. Question & Answer
Q: If an employee is placed in the program, is
that considered disciplinary?
A: Absolutely not! The purpose of the program
is to provide support and assistance to
employees with a goal of achieving regular
attendance at work and meeting the corporate
absenteeism standards.

57. Question & Answer
Q The letters to the employees may give the
impression of being punitive. Is there a
different approach?
A It is the employer’s obligation to follow up
with employees so they can see their
progress. In addition to the standard letters,
supervisors may choose to meet with
employees for a verbal follow up and
discussion or they can work with HR to tailor
the follow up letter.

58. Question & Answer
Q: What do you do when you have employees
that continually run without any sick time in their
banks, and they don’t care if they are still sick
and don’t get paid for it?
A: If this is the case, they are likely a good
candidate for AMP. However, they would get
coded unpaid sick for this time – not vacation,
banked OT, etc.

59. Question & Answer
Q: What if I have an employee who self-identifies
an underlying medical condition that affects their
attendance?
A: The employee should be referred to the
OH&W office as per the Disability Management
process. Employee’s may or may not continue to
be managed through the AMP program
depending on the nature of the illness. You may
be required to accommodate to the point of
undue hardship.

60. Question & Answer
Q: What can you do if proof of illness is required
and the employee does not provide it?
A: The employee should not be paid from their
sick bank unless the note is provided. They
should be coded unpaid leave of absence,
unless you can prove abuse of sick leave.

61. Thank you for the opportunity to
61
meet today!
Tel 403 264 5288
or 800 449 5866 (800 4hylton)
chris@hylton.ca
CG Hylton Inc

62. References
 http://iweb/library/CorporateManuals/HR/5.7.pdf
 http://iweb/Library/HRRefGuideIndex.htm
 Slides adapted from Calgary Lab Services &
Filion Wakely Thorup Angeletti presentations