Absenteeism June 2014
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Transcript of Absenteeism June 2014
Absence from a legal perspective and how to
minimize it
by Toronto Training and HR
June 2014
Page 2
CONTENTS3-4 Introduction5-6 Causes of absence7-8 Measures9-11 Costs of absence12-13 Interventions14-16 What will make employees turn up?17-20 Strategies for employers21-24 Culpable absenteeism25-32 Innocent absenteeism33-34 Dismissal and termination35-36 The Human Rights Code37-38 Workplace Safety and Insurance Act39-42 Emergency leave and medical leave43-44 The employer’s right to information45-48 How much is too much?49-50 Conclusion, summary and questions
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 banking15 years in training and human resourcesFreelance practitioner since 2006The core services provided by Toronto Training and HR are:
Training event designTraining event deliveryHR support with an emphasis on reducing costs, saving time plus improving employee engagement and moraleServices for job seekers
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Causes of absence
Page 6
Causes of absence
• Manual workers• Non-manual workers
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 initiativesPage 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
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Page 23
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?
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
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Innocent absenteeism 3 of 7
FACTORS TO BE CONSIDERED (CONT.)• Workplace Safety and
Insurance Act considerations
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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?
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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 leave1 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 leave2 of 3
GOVERNMENT DECLARED EMERGENCIES• Emergency order• Quarantine order• Assistance to family
members• Maximum number of
daysFAMILY MEDICAL LEAVE
Page 41
Emergency leave and medical leave3 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
ConclusionSummaryVideosQuestions