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September 15, 2003
IHA Attendance Management Program Affects You
BCNU wants every member to know that the Interior Health Authority has introduced an Attendance Management Program to track employees’ attendance and reduce the rate of absenteeism. Individual employers in the health authority have developed their own policies based on the IHA program.
The IHA program monitors the attendance of all employees and targets those who have:
- longer than usual recovery times for standard illnesses and surgeries
- patterns of absence including: absences frequently attached to days off, vacation, other leaves of absence; and absences following denial of leave or vacation
- absences at same times each year; absences when it’s the employee’s turn to work a certain job or shift; absences after a work-related incident; and personal family issues requiring employee involvement
- absences exceeding the department or site average
- frequent periods of absences are typically more significant than a single lengthy absence.
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After the IHA targets an employee, a manager meets with the person. One of the problems with this program is that the employee may not be told at this meeting that they are enrolled in the attendance program. BCNU strongly urges all members to bring a steward to any meeting where the topic is absenteeism. After four meetings, if the IHA feels the situation has not improved, the employee may be terminated.BCNU had absolutely no input into the development of the IHA attendance program. But we are deeply concerned about how the plan will impact our members. The IHA’s policies are in conflict with the BCNU provincial collective agreement in at least seven different ways:
- Employee documents are kept outside of an employee’s personnel file.
- An employee may not be aware that she is in an attendance enhancement program.
- An employee may not have the right to exit the program after improving attendance.
- An employee may be unable to challenge adverse program reports on her file.
- Different standards of "acceptable" attendance may be inappropriately set for employees.
- There are no set, objective standards for entering and progressing through the program.
- An Employee may not be offered accommodation in the initial stages of the program.
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If you have had a discussion, or are called to a discussion with your HN or manager, and they ask you about your absenteeism, be aware you are likely under scrutiny for excessive absenteeism. If you are denied sick leave or asked to provide your employer with a diagnosis, please contact a steward because you probably have grounds to file a grievance.
Q: What is "non-culpable" absenteeism?
A: Often called "innocent" absenteeism, it is absenteeism due to a disability, illness or other legitimate reason which is "not within an employee’s control."
Q: What is "culpable" absenteeism?
A: Culpable absenteeism includes sleeping in late, unapproved leave, etc.
Q: I have a "non-culpable" illness, and my employer has enrolled me in the absenteeism program. Can I be fired if my attendance doesn’t improve?
A: Yes, you can be terminated. But the employer will need to prove that they provided you with adequate warnings and an opportunity to improve your attendance record. Where an employee has a consistent pattern of absenteeism, the onus will be on the employee to show that the conditions which contributed to those absences are under control and that there is good evidence of future attendance. In order to justify an employee’s discharge, the arbitrator must be satisfied that past records show excessive absenteeism, and that the employee is incapable of regular attendance in the future.
Q: Can I ask a steward to accompany me to a meeting about my attendance?
A: Yes. Our contract guarantees your right to have a steward represent you "at a meeting called by the Employer, where disciplinary action is anticipated." (Article 6.04 C7)
Q: My employer assigned a steward to help me. Do I have the right to choose my own steward to represent me?
A: Yes. Our collective agreement guarantees you the right to choose a steward.
Q: Does my employer have the right to ask me for a doctor’s note when I’ve been off sick?
A: It depends on how long you’ve been off work. Article 42.03 of our collective agreement states: "Sick leave with pay is only payable because of sickness or injury and employees who are absent from duty because of sickness may be required by the Employer to prove sickness. Failure to meet this requirement can be cause for disciplinary action. Repeated failure to meet this requirement can lead to dismissal. A doctor’s certificate may be requested for each leave of more than three (3) consecutive work days."
Q: Can my employer force me to sign a waiver allowing them to call my physician for more information about my illness?
A: No. In fact, this is something BCNU never recommends. If your employer has a legitimate right to more information about your medical status, that info can be obtained after the employer submits their questions in writing. That way, you are fully informed about the nature of the employer’s inquiry and can give an informed consent. Your doctor will only answer questions that you deem appropriate.
Q: My employer called me at home to check up on me after I’d called in sick. Is that allowed?
A: In our view, that may be an invasion of your privacy rights. Case law requires you provide your employer with sufficient information about why you will be absent from work due to sickness. However, if the employer feels they have reasonable grounds to question your reason for absence, that discussion ought to take place at work and in the presence of a steward.
Q: Can my employer keep a separate medical file on employees?
A: No. Many employers have OH&S nurses. These nurses keep a medical file that is separate from your personnel file and that is okay. It is not okay, however, for your HN or manager to have access to your medical file or keep their own medical files.
Q: After calling in sick, my employer told me I won’t be paid until I fill out some form. Is that legal?
A: If an employer is going to withhold pay, they must prove an employee wasn’t sick. Our contract states "employees shall receive their regular pay for each day of sick leave credit." In this case you may have grounds for a grievance, so please contact a steward.
Q: How many phone calls must I make to notify my employer that I need to be replaced for sick leave?
A: Our collective agreement makes it clear that one call to the designated person is enough. Article 42.05 states: "Employees must notify the Employer prior to the commencement of their shift of any anticipated absence from duty because of sickness and employees must notify the Employer prior to their return to work." If you are being asked to make more than one call, please contact your BCNU steward.
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