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Absenteeism June 2014
 

Absenteeism June 2014

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Half day open training event held in Toronto on minimizing sickness absence in the workplace, with an emphasis on legal considerations.

Half day open training event held in Toronto on minimizing sickness absence in the workplace, with an emphasis on legal considerations.

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    Absenteeism June 2014 Absenteeism June 2014 Presentation Transcript

    • Absence from a legal perspective and how to minimize it by Toronto Training and HR June 2014
    • CONTENTS 3-4 Introduction 5-6 Causes of absence 7-8 Measures 9-11 Costs of absence 12-13 Interventions 14-16 What will make employees turn up? 17-20 Strategies for employers 21-24 Culpable absenteeism 25-32 Innocent absenteeism 33-34 Dismissal and termination 35-36 The Human Rights Code 37-38 Workplace Safety and Insurance Act 39-42 Emergency leave and medical leave 43-44 The employer’s right to information 45-48 How much is too much? 49-50 Conclusion, summary and questions Page 2
    • Page 3 Introduction
    • Page 4 Introduction to Toronto Training and HR Toronto Training and HR is a specialist training and human resources consultancy headed by Timothy Holden 10 years in banking 15 years in training and human resources Freelance practitioner since 2006 The core services provided by Toronto Training and HR are: Training event design Training event delivery HR support with an emphasis on reducing costs, saving time plus improving employee engagement and morale Services for job seekers
    • Page 5 Causes of absence
    • Causes of absence • Manual workers • Non-manual workers Page 6
    • Page 7 Measures
    • Measures • ‘Lost time’ rate • Frequency rate • Bradford factor Page 8
    • Page 9 Costs of absence
    • Costs of absence 1 of 2 • Training • Overtime • Operational inefficiencies caused by substitute employees performing unfamiliar jobs • Safety issues arising from substitute employees performing unfamiliar jobs • Reduced customer satisfaction due to increased employee turnover
    • Costs of absence 2 of 2 • Increased management and administrative time in managing the absence • Reduced productivity • Delayed production schedules or missed deadlines • Increased costs for health cover and sick leave policies that provide compensation for the absent employee Page 11
    • Page 12 Interventions
    • Interventions • Short-term absence • Long-term absence Page 13
    • Page 14 What will make employees turn up?
    • What will make employees turn up? 1 of 2 • Physical workplace • Work and social atmosphere • Health, financial and family benefits • Vacation time and time off • Employee communication • Performance management • Training and skills development • Community involvement Page 15
    • What will make employees turn up? 2 of 2 • Comfortable, well-lit and healthy surroundings • Comfortable, ergonomic, and safe tools/equipment/furniture • Flexible hours • Working from home • Daycare facilities • Recreation and leisure facilities Page 16
    • Page 17 Strategies for employers
    • Strategies for employers 1 of 3 • Attendance management programs • Workplace wellness initiatives • Employee satisfaction surveys • Incentives to employees for unused sick days and meeting attendance targets Page 18
    • Strategies for employers 2 of 3 • Improve employee morale by reducing stress, rumours, negativity and gossip • Reduce employee stress by improving the relationship with the manager • Provide management training to improve people skills • Team building initiatives Page 19
    • Strategies for employers 3 of 3 • Work-life conflict recognition • Avoid discipline for legitimate absences • Allow employees to carry over sick days • Allow employees to telecommute Page 20
    • Page 21 Culpable absenteeism
    • Culpable absenteeism 1 of 3 • Definition KEY TYPES • Lateness/leaving early • Failure to notify • Absence without leave • Abuse of leave Page 22
    • Culpable absenteeism 2 of 3 FACTORS TO CONSIDER • Is there a clear policy relating to culpable absenteeism? • Has this policy been communicated clearly to employees? • Has this policy been consistently and uniformly applied in the past? • How serious is the incident in question? Page 23
    • Culpable absenteeism 3 of 3 FACTORS TO CONSIDER (CONT.) • What is the impact of the absence on the employer’s production? • Are there any relevant personal factors? • What does the employee’s past disciplinary record look like? • What is the past practice with respect to similar instances?
    • Page 25 Innocent absenteeism
    • Innocent absenteeism 1 of 7 • Definition Page 26
    • Innocent absenteeism 2 of 7 FACTORS TO BE CONSIDERED • Attendance record • Prognosis for future attendance • Counselling • Benefits status • Human rights considerations • Employment Standards Considerations Page 27
    • Innocent absenteeism 3 of 7 FACTORS TO BE CONSIDERED (CONT.) • Workplace Safety and Insurance Act considerations Page 28
    • Innocent absenteeism 4 of 7 QUESTIONS TO ASK • Is the level of absenteeism unacceptably high particularly when viewed in terms of its pattern? • Have you acquired all the information you can regarding the likelihood of improvement in the future? Page 29
    • Innocent absenteeism 5 of 7 QUESTIONS TO ASK (CONT.) • Have you counselled the employee about the consequences of failure to attend regularly, and kept records of having done so? • Will termination interfere with any contractual right the employee may have to disability benefits? Page 30
    • Innocent absenteeism 6 of 7 QUESTIONS TO ASK (CONT.) • Is the absenteeism – or any part of it– attributable to a disability such that the Human Rights Code may apply? • Is the absenteeism – or any part of it – attributable to emergency leave or family medical leave under the Employment Standards Act, 2000? Page 31
    • Innocent absenteeism 7 of 7 QUESTIONS TO ASK (CONT.) • In the case of absences due to work-related injuries or illnesses, will the termination interfere with the employer’s re-employment obligations under the WS and I Act? • Have you complied with your obligation under the ESA 2000 to provide statutory notice (or termination pay) and severance pay to the employee?
    • Page 33 Dismissal and termination
    • Dismissal and termination • Non-unionized employees • Employees covered by collective agreements • What judges consider with culpable attendance-related misconduct Page 34
    • Page 35 The Human Rights Code
    • The Human Rights Code • The “bona fide occupational requirement” test • Disability • Duty to accommodate • Record-keeping and documentation • Questions to ask Page 36
    • Page 37 Workplace Safety and Insurance Act
    • Workplace Safety and Insurance Act • Schedule 1 employers • Schedule 2 employers • Return to work obligations for the employer • Return to work obligations for the employee • The functional abilities form and the independent medical examination • Re-employment • Termination Page 38
    • Page 39 Emergency leave and medical leave
    • Emergency leave and medical leave 1 of 3 PERSONAL EMERGENCY LEAVE • Who is covered • The basic statutory entitlement • Notification • Collective agreements and employment contracts • Reprisals • What employers can do Page 40
    • Emergency leave and medical leave 2 of 3 GOVERNMENT DECLARED EMERGENCIES • Emergency order • Quarantine order • Assistance to family members • Maximum number of days FAMILY MEDICAL LEAVE Page 41
    • Emergency leave and medical leave 3 of 3 FAMILY MEDICAL LEAVE • Employment Standards Act 2000 • Who is family? • One week blocks • Written notice • Doctor’s certificate Page 42
    • Page 43 The employer’s right to information
    • The employer’s right to information • Context • Non-medical explanations • Medical explanations • Surveillance • Duty to accommodate • Consent • Confidentiality • Costs Page 44
    • Page 45 How much is too much?
    • How much is too much? 1 of 3 • Cost to the Canadian economy • Average • HIGHEST-health care and social assistance • LOWEST-professional, scientific and technical services Page 46
    • How much is too much? 2 of 3 • Public v private • Unionized v non-unionized • Young v older • Large employers v small employers • Per province Page 47
    • How much is too much? 3 of 3 • 351552 paid absence days in TDSB • Per employee? Page 48
    • Page 49 Conclusion, summary and questions
    • Page 50 Conclusion, summary and questions Conclusion Summary Videos Questions