• Like
Attendance management issues
Upcoming SlideShare
Loading in...5

Thanks for flagging this SlideShare!

Oops! An error has occurred.


Tips on Dealing with Employee Attendance at Work

Tips on Dealing with Employee Attendance at Work

Published in Education
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads


Total Views
On SlideShare
From Embeds
Number of Embeds



Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

    No notes for slide


  • 1. Kathryn Kissinger HR Services 2013Dealing with AttendanceManagement Issues
  • 2. Attendance ManagementOne of the biggest headaches that employers face isdealing with employee attendance issues.Monitoring and dealing with sick leaves and the requireddocumentation is very confusing and complicated.Worse, you risk violating Employment Standards or HumanRights legislation if you don’t handle the situationcorrectly.Today I will answer some basic “Q&A’s” for employers withless than 50 workers.Kathryn Kissinger HR Services 2013
  • 3. Leaves of AbsencePersonal emergency leave:This leave is only available to organizations with50 or more employees. It provides up to 10 daysoff to deal with doctor’s appointments, suddenillness, a house fire or things like bereavementleave.If your organization has less than 50 people, noemergency leave provision exists for youremployees.Kathryn Kissinger HR Services 2013
  • 4. Leaves of AbsenceFamily medical leave is available to anyone coveredunder the Employment Standards Act (check the“Special Rule Tool” to find out who’s not).This leave provides up to 8 weeks off to deal withthe illness and death of a family member.Since this leave is subject to Employment Insuranceclaims the same certificate used to claim EI is usedto confirm eligibility for the leave, even if theemployee chooses not to file for EmploymentInsurance benefits.Kathryn Kissinger HR Services 2013
  • 5. Types of AbsenteeismWhat is “culpable absenteeism”?This term applies to an employee who is guiltyof habitual neglect of duty, defined as persistentlateness or leaving early without permission orabuse of sick leave as mentioned above. If youremployee fails to provide proper documentationafter repeated warnings, you may have “justcause” to terminate their employment.Kathryn Kissinger HR Services 2013
  • 6. Types of AbsenteeismInnocent Absenteeism, like the name suggests, occurswhen an employee is not able to fulfill the obligations oftheir employment contract due to some circumstancebeyond their control, illness or otherwise, that preventsthem from attending work on a regular and productivebasis. This situation must be a long-term ongoing issue,with no hope of positive resolution for either side, if theemployer wishes to terminate. This is likely the mostcomplicated area of the Attendance Managementprocess, especially if the cause for absenteeism is anillness or disability as defined under the Human RightsCode.Kathryn Kissinger HR Services 2013
  • 7. WSIB ClaimsFortunately, WSIB has clear cut rules and people toask (adjudicators) when it comes to dealing withillness and injury related to work.There are forms to be filled out by both worker andemployer, and physicians provide most of thedocumentation.Employers are required to stay in contact with theemployee to determine updates and opportunitiesto return to work as soon as possible.Kathryn Kissinger HR Services 2013
  • 8. WSIB ClaimsThe WSIB also has re-employment criteria: Ifyour organization employs more than 20 peopleand/or the employee has worked for you formore than one (1)year, you must hold a job forthe ill/injured employee to return to for up to 1year after he/she is medically cleared to return towork; or two years from date of injury; or age 65,whichever comes firstKathryn Kissinger HR Services 2013
  • 9. What is “Suitable Work”?What is “suitable work? Whether on WSIB ornot, if temporary modified (light) duties or acomplete change in permanent job is required,“suitable work” means the job is safe and withinthe workers physical capabilities; the worker hasor can easily learn skills for the new job; and thisjob restores pre-injury earnings as much aspossibleKathryn Kissinger HR Services 2013
  • 10. Other “Sick Leave”Employees on sick leave for an illness or injurynot compensable by WSIB are required toprovide “evidence that is reasonable in thecircumstance” to prove their illness/disability.If you see a pattern where an employee beginstaking “sick days” off, you have the right to askfor a doctor’s note to confirm the illness.Vague notes stating “Joe is unable to work forfour weeks” with no other supportingdocumentation are not enough.Kathryn Kissinger HR Services 2013
  • 11. Other “Sick Leave”Basically, if you have less than 20 workers inyour organization, in cases where the illness isnot covered by WSIB then the workers have noprotection under the Employment StandardsAct.Employers have the right to ask for propermedical documentation, similar to what youwould get with a WSIB claim.Kathryn Kissinger HR Services 2013
  • 12. Other “Sick Leave”You should not ask for a diagnosis of the employee’sillness or injury.Employers need only to determine what tasks theemployee is physically capable of performing, andwhether or not this situation is likely to bepermanent, in order to properly comply with anyhuman rights issues.You are not required to offer modified duties to theworker, since they can claim Employment Insurancemedical benefit.Kathryn Kissinger HR Services 2013
  • 13. The Employer’s RightsEmployers have the right to expect honesty andintegrity from their employees when it comes toattendance in the workplace.If an employee’s use of sick time or absenteeism isdetermined to be dishonest, the Supreme Court hasruled that such dishonesty “violates an essentialcondition of the employment contract, breachesthe faith inherent in the working relationship, or isfundamentally or directly inconsistent with theemployee’s obligations to his or her employer”(McKinley vs BC Tel, 2001).Kathryn Kissinger HR Services 2013
  • 14. “Documentation is Your Friend”In all cases of employee absenteeism, pleaseremember this rule!Make notes of the dates/times/length ofabsence, any “patterns” you see developing (i.e.something in the workers personal life affectingattendance), and especially document anydiscussion (s) you have with the employeeregarding this behaviour.Kathryn Kissinger HR Services 2013