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October 10, 2003
NHA Attendance Management Program Affects You
ACCLAIM-SBA has been hired by NHA to implement a program that targets LTD and WCB claimants and employees who take off three or more consecutive sick days
BCNU wants you to know the Northern Health Authority has implemented an Attendance Management Program that targets LTD and WCB claimants, as well as all employees who are absent from work for three or more consecutive days.
The NHA has awarded ACCLAIM-SBA Disability Management Inc. a contract, for a reported $2 million fee, to operate its two-year pilot project attendance management program, beginning in August 2003.
BCNU had absolutely no input into the development or implementation of the policy – but we are deeply concerned about how it impacts our members. BCNU has already filed a policy grievance on this matter.
Here's What You Need to Know:
- The NHA has given ACCLAIM the names and contact information of BCNU members on LTD and WCB. (We do not know if additional confidential info has been given to ACCLAIM.)
- Managers have been asked to inform ACCLAIM whenever an employee is off sick for three consecutive days
- ACCLAIM "Intake Coordinators" will contact the employee and offer assistance, and may ask for personal medical information
- The Intake Coordinators will open a file on you, and explain how they will act as a liaison between yourself, your manager and physician
- If you do return to work within five days, management says it will "close your file"
- But no one in NHA management has been able to tell BCNU under what circumstances your file may be reopened, or what would happen to your confidential file at the end of the two-year pilot project
- The NHA has stated that staff participation in the attendance program is voluntary
- Every physician working in the NHA has received information about the program. But they weren’t told that employee participation is voluntary
- You may be asked to sign a "NHA Workplace Health and Safety Physician’s Medical Certificate." When signed (please see below under What to do if contacted by ACCLAIM for more info) the certificate gives a physician working with ACCLAIM the right to bypass you and deal directly with your physician
- ACCLAIM agents have already been telephoning BCNU members on WCB and LTD, offering "assistance" and requesting they sign the NHA’s Physician’s Medical Certificate
- BCNU is unsure what, if any, limits to confidential information ACCLAIM will compile about you. But draft documents suggest ACCLAIM will demand detailed information, including a full medical history and a list of medications (including dose, type and frequency) from your physician.
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Here's What to Do If Contacted By Acclaim:
- BCNU advises its members not to participate in this program and not to provide any information to ACCLAIM. Remember, the NHA says that participation in this program is voluntary
- If you are contacted by ACCLAIM, inform your BCNU steward immediately
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Question and Answer:
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: 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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