Absenteeism, Destructive Workplace Behaviour
Upcoming SlideShare
Loading in...5
×

Like this? Share it with your network

Share

Absenteeism, Destructive Workplace Behaviour

  • 1,422 views
Uploaded on

• Types of absenteeism: culpable, innocent: making the distinction ...

• 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

More in: Business
  • 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

Views

Total Views
1,422
On Slideshare
1,422
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
38
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide
  • Addressing Absenteeism, Destructive Workplace Behaviours, and Their Root CausesChris Hylton, President, CG Hylton Inc. • 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

Transcript

  • 1. Absenteeism,Destructive WorkplaceBehaviour, Root Causes 3:40 Weds Dec 5, 2012 Infonex 1045 Whitehorse Chris Hylton 800 449-5866 chris@hylton.ca
  • 2. Agenda2  • 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 wont make it go away: how to communicate expectations, policy and confront the issue  • Determining when termination is appropriate
  • 3. What attendance issues wecan 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. MONITORINGINNOCENT 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. MANAGINGCULPABLE 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 ATTENDANCEMANAGEMENT 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 AGREEMENTSPurpose: 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 ChanceAgreements 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 EnforceableLast 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)
  • 24. Why bother?Direct Costs Replacement of absent worker Loss of productivity Sick leave with pay and benefitsIndirect Costs Reduced service to patients and larger community Damage to morale of other employees Time spent managing employee and/or claim
  • 25. 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
  • 26. Absence Management PlanMonitors  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
  • 27. Legal Validity Consistent with Collective Agreement Brought to the attention of employees Reasonable and Not Discriminatory Clear and Consistently enforced
  • 28. 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)
  • 29. 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
  • 30. 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!!!
  • 31. 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!!!
  • 32. What Reports Exist? Monthly Sick Time Reports AMP Reports Employee Absence Calendars
  • 33. ReportsSicktime Usage (52 week period ending May 16, 2008)Manager: Edward QuartermaineSupervisor: Ned Ashton Sick Sick All Cost Emp Employee Name Medical Sick Total All In EE % CorpCost Centre Under Over Hours Centre No (Last, First) Appts (Traded) Sick Hours AMP Sick Target 30 30 Worked Avg71410000000 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%
  • 34. Reports Employees who are over 3.5% and are not in the AMPManager: Edward QuartermaineSupervisor: Ned Ashton52 wk Period Ending: May 16, 2008 Out of theEmp 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/No2074 HOWARD, KATE 0.81 255.00 1380.69 1635.69 15.59% NoSupervisor Feedback:Calendar Request: Yes/No Comments:Put in Step I: Yes/No
  • 35. Reports Follow-Up for Employees in AMPManager: Edward QuartermaineSupervisor: Ned Ashton52 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 AMPSupervisor Feedback:Calendar Request: Yes/No Request Letter: Yes/NoNext 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 improvedSupervisor Feedback:Calendar Request: Yes/No Request Letter: Yes/NoNext Follow Up Date: If no, provide reason:
  • 36. 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
  • 37. What to Consider WhenEntering 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?
  • 38. What to Consider WhenEntering 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?
  • 39. What to Consider WhenEntering 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
  • 40. 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
  • 41. 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
  • 42. 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
  • 43. 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.
  • 44. Legal ValidityTermination 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
  • 45. When do Employees move tothe 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.
  • 46. 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
  • 47. How Are Employees RemovedFrom 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
  • 48. What Works? Metrics Organizational Target (ie. 3.5%) Regular Communication Supervisor Buy-In and Education Consistency in the message and actions Involving the Union
  • 49. 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.
  • 50. 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
  • 51. 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%
  • 52. Sick NotesGuidelines: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?
  • 53. Question & AnswerQ: If an employee is placed in the program, isthat considered disciplinary?A: Absolutely not! The purpose of the programis to provide support and assistance toemployees with a goal of achieving regularattendance at work and meeting the corporateabsenteeism standards.
  • 54. Question & AnswerQ 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.
  • 55. Question & AnswerQ: What do you do when you have employeesthat continually run without any sick time in theirbanks, and they don’t care if they are still sickand don’t get paid for it?A: If this is the case, they are likely a goodcandidate for AMP. However, they would getcoded unpaid sick for this time – not vacation,banked OT, etc.
  • 56. Question & AnswerQ: What if I have an employee who self-identifiesan underlying medical condition that affects theirattendance?A: The employee should be referred to theOH&W office as per the Disability Managementprocess. Employee’s may or may not continue tobe managed through the AMP programdepending on the nature of the illness. You maybe required to accommodate to the point ofundue hardship.
  • 57. Question & AnswerQ: What can you do if proof of illness is requiredand the employee does not provide it?A: The employee should not be paid from theirsick bank unless the note is provided. Theyshould be coded unpaid leave of absence,unless you can prove abuse of sick leave.
  • 58. Thank you for the opportunity to61 meet today! Tel 403 264 5288 or 800 449 5866 (800 4hylton) chris@hylton.ca CG Hylton Inc
  • 59. 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